Roberson v. Hamilton

• Decision Date: 23 May 1966
• Docket Number: No. 5--3886,5--3886
• Citation: 240 Ark. 898,405 S.W.2d 253
• Parties: Mattie Lee ROBERSON, Appellant, v. Georgia HAMILTON, Admx., Appellee.
• Court: Arkansas Supreme Court

Page 253

405 S.W.2d 253

240 Ark. 898

Mattie Lee ROBERSON, Appellant, v. Georgia HAMILTON, Admx., Appellee.

No. 5--3886.

Supreme Court of Arkansas.

May 23, 1966.

Rehearing Denied July 25, 1966.

G. E. Snuggs, El Dorado, for appellant.

McKay, Anderson & Crumpler, Magnolia, for appellee.

McFADDIN, Justice.

This appeal involves the administration of the estate of Jesse B. Hamilton, who departed this life intestate on June 29, 1963, a resident of Ouachita County. On July 10, 1963, the present appellant, Mattie Lee Roberson, obtained the appointment of herself as administratrix of the estate of Jesse B. Hamilton; but such appointment was set aside in a short time and the present appellee, Georgia Hamilton, was appointed administratrix by order filed August 12, 1963. She is the widow of the deceased and entitled to preference under the statute, since she filed her petition in due time. (Ark.Stat.Ann. § 62--2201 (Supp.1965)). Ever since she was ousted as administratrix, the appellant, Mattie Lee Roberson, has been objecting to the various proceedings in the adminstration of the estate, and the present appeal is the culmination of her objections.

In addition to the facts above stated, the record before us reflects the following:

(a) On July 24, 1964, Georgia Hamilton filed her first and final account as administratrix of the estate and petitioned that she be discharged upon approval of her report, and due notice of the filing of such account and petition was given by publication for the time and in the manner required by law.

(b) On September 10, 1964, C. C. Hamilton, alone, filed objections to the final accounting of Georgia Hamilton; and on October 26, 1964, there was an extensive hearing before the Court on the said objections. Mattie Lee Roberson appeared and testified at that hearing; and the significance of this appearance will be later mentioned. By order entered December 30, 1964, the administratrix was directed to amend her report and make certain distributions. ¹

(c) On February 20, 1965, the Administratrix reported to the Court that she had performed the requirements as made by the Court and prayed for her final discharge, and on March 18, 1965, the Probate Court conducted a hearing and entered an order which concludes with this language:

'IT IS THEREFORE by the Court considered, ordered and adjudged that the balance remaining in the account at the Stephens Security Bank, listed as Georgia Hamilton, Adminstratrix of the Estate of Jesse Hamilton, Deceased, be and the same is hereby ordered to be Georgia Hamilton's individually. It is further considered, ordered and adjudged that the bond of Georgia Hamilton herein be and the same is hereby discharged, and the said Georgia Hamilton and her Bondsmen are hereby relieved of any and all liabilities on said bond. It is further considered, ordered and adjudged that this Estate be and the same is hereby closed.

'IT IS SO ORDERED.'

(d) There were no objections noted to the foregoing order and no appeal from it; but on April 2, 1965, the appellant, Mattie Lee Roberson, filed objections to the closing of the estate; and in May 1965, and again in June 1965, supplemented and enlarged such objections.

(e) On May 11, 1965, the Probate Court conducted a hearing on the objections filed by Mattie Lee Roberson, and, after hearing all the evidence which Mattie Lee Roberson desired to offer on her objections, the Court disallowed the said objections, and made the following findings and order:

'The Court finds that Mattie Lee Roberson has been represented by Counsel in this cause since the original Petition was filed on her behalf on July 10, 1963, and that she personally appeared before the Court and testified at the previous hearing held in October of 1964, which hearing resulted in the Order of this Court entered on December 30, 1964, * * * Many of the objections presented at this time were disposed of in the prior hearing or should have been disposed of by the Court at that time, since the same issues were raised in prior pleadings. * * *

'IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, BY THE COURT, That the objections to the Closing Of Administration Of Estate, And Petition To Remove Administratrix and Personal Representative, as well as the Motion On Hearing To Require Full Disclosure Of Assets, And Completion Of Administration is denied. 'The exceptions of the Objector are noted of record.'

(f) On June 11, 1965, Mattie Lee Roberson filed a renewal of her objections, and again they were disallowed by an order entered August 11, 1965; and it is from the disallowances of all of her objections that Mattie Lee Roberson prosecutes this appeal, raising a total of seven points ², which are so interrelated that we consolidate them for disposition.

To take up each point that the appellant has raised and separately dispose of it would unduly lengthen this Opinion. The objections are to matters that occurred in the course of the administration of the estate; and in some of the matters Mattie Lee Roberson, herself, testified to support the claim; for instance, that of C. C. Hamilton. Furthermore, when C. C. Hamilton filed his objections to the final report of the administratrix, Mattie Lee Roberson was present in person and testified at that hearing; so she knew that a final hearing was in progress. ³ When a person appears as a witness and testifies in a proceeding, such person cannot later be heard to say that he did not know that such hearing was taking place. Mattie Lee Roberson knew of the...