Oliver v. Johnson

• Citation: 583 So.2d 1331
• Parties: Julius OLIVER, as administrator of the Estate of Andrew Banks, deceased v. Marie JOHNSON, as administratrix of the Estate of Andrew Banks, deceased. 89-1859.
• Decision Date: 28 June 1991
• Court: Supreme Court of Alabama

Page 1331

583 So.2d 1331

Julius OLIVER, as administrator of the Estate of Andrew Banks, deceased v. Marie JOHNSON, as administratrix of the Estate of Andrew Banks, deceased.

89-1859.

Supreme Court of Alabama.

June 28, 1991.

Johnny Hardwick, Montgomery, for appellant.

J. Cliff Heard of Benkwith & Heard, Montgomery, for appellee.

INGRAM, Justice.

This case involves the removal of the administration of an estate from the Probate Court of Montgomery County to the Circuit Court of Montgomery County and the validity of the subsequent appointment of an administrator of the estate by the Probate Court of Montgomery County.

In November 1982, Marie Johnson was appointed administratrix of the estate of Andrew Banks by the Probate Court of Montgomery County. In October 1984, the administration of the estate was removed to the Circuit Court of Montgomery County, upon the petition of Julius Oliver. At the time the petition for removal was filed, the only matter pending in the probate court was a petition requesting the probate court to "enter such orders and decrees as may be necessary to provide for the fair and equitable distribution of the assets of the Estate."

After removal, the circuit court entered two orders: (1) an order in October 1985 allowing Johnson to resign as administratrix; and (2) an order of dismissal entered on February 5, 1986. The order of dismissal stated that the action had been settled. No accounting was filed.

In October 1988, the probate court appointed Oliver administrator of the estate. Subsequently, he filed a petition in the circuit court for an accounting.

In ruling on the petition for an accounting, the circuit court held that it had jurisdiction over the estate by virtue of the earlier removal from the probate court. Also, the circuit court held that the jurisdiction continued because the earlier dismissal had not resolved all issues and no accounting had been filed. The circuit court went on to set aside Oliver's appointment for lack of jurisdiction and appointed Mark Anderson as administrator of the estate. The court instructed Anderson to file a final accounting within 30 days of the order. Oliver now appeals that portion of the court's order that set aside his appointment as administrator.

The only issue raised by Oliver on appeal is whether the circuit court had jurisdiction to void the letters of administration granted to Oliver by the probate court.

Oliver cites the case of Beasley v. Howell, 117 Ala. 499, 22 So. 989 (1898), for the proposition that only the probate court that granted the original letters of administration may appoint the successor administrator. In Beasley, this Court held that the Probate Court of Butler County could not grant letters of administration to a successor administrator because the Probate Court of Coffee County, which had appointed the original administrator, had jurisdiction over the estate. This Court held that the jurisdiction of the appointing court, the Probate Court of Coffee County, was exclusive and that any action by the Probate Court of Butler County was void for lack of jurisdiction. Therefore, Oliver argues that, in this case, the...