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Jett v. Carter12/30/1999
This appeal concerns whether the Jefferson Circuit Court erred by dismissing an appeal from a final judgment of the Jefferson Probate Court. In dismissing the appeal, the circuit court, relying on Schroeder v. McWhite, 569 So. 2d 316 (Ala. 1990), held that appeals from the Jefferson Probate Court lie only to this Court if the probate court was exercising jurisdiction concurrent with that of the circuit court. Because we reject the rule of Schroeder and hold that the appeal was properly in the circuit court, we reverse that court's dismissal of the appeal and remand this case for further proceedings.
I.
In January 1994, Mary Craig Bryant executed a will (the "1994 will") in which she named Sue Carter as executor and sole beneficiary of her estate. Mrs. Bryant's husband died in the spring of 1994, and Mrs. Bryant became dependent upon Malcolm Sylvester Jones, a good friend of Mr. and Mrs. Bryant's.
When she made the will, Mrs. Bryant's assets included her home and about $40,000 in a savings account. With Mrs. Bryant's consent, Jones hired Rodgetta Colvin Jett to be Mrs. Bryant's live-in caretaker. In return for her services, Jett received a salary of $450 per week, plus room and board in Mrs. Bryant's home. Jett received her weekly salary until November 1994, when a dispute arose between Jones and Linda Williams, Mrs. Bryant's great-niece, over control of Mrs. Bryant's assets. Jones discontinued his services to Mrs. Bryant, but Williams did not step in to perform his responsibilities. Jett continued to care for Mrs. Bryant, but was not paid for either November or December of 1994.
In January 1995, Mrs. Bryant signed three documents: (1) a warranty deed conveying her home to Jett; (2) a durable power of attorney naming Jett as her attorney-in-fact; and (3) a will naming Jett as her executor and sole beneficiary (the "1995 will"). In February 1995, Jett used the power of attorney to transfer the $15,987 then remaining in Mrs. Bryant's savings account to Jett's account. Mrs. Bryant died shortly thereafter. Jett arranged for her funeral and paid the funeral expenses.
In April 1995, Carter filed the 1994 will for probate. Jett unsuccessfully contested that will in the Jefferson Probate Court, and the probate court issued letters testamentary to Carter in October 1995. As executor, Carter filed a motion in the probate court to set aside the transfer of Mrs. Bryant's home and the transfer of the money from her savings account. She also sought to contest the 1995 will, even though Jett had not yet filed that will for probate. In March 1996, the probate court declared that the deed purporting to transfer Mrs. Bryant's home to Jett was void. The probate court also held that the transfer of money to Jett created a trust for Mrs. Bryant's benefit. Accordingly, the probate court ordered Jett to account for the funds. The probate court, however, disallowed Carter's contest of the 1995 will, stating that " f Ms. Jett wishes to file the [1995 will] for probate, the same will be duly set for hearing and notice given to the presently appointed Executrix." In its order, the probate court noted that its "equity powers" had been invoked.
In April 1996, Jett appealed to the Jefferson Circuit Court from the probate court's order declaring that the transfer of the house was void. The circuit court dismissed the appeal, stating: "Based upon Act No. 1144, Acts of Alabama (1971), and the ruling in the case of Schroeder v. [McWhite], 569 So. 2d 315, this Court finds that the appeal from the order of the Probate Court was required to be taken to the Alabama Supreme Court and not to the Circuit Court of Jefferson County." Jett did not appeal from that dismissal.
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