Beatrice Land v. Kesean Boykin, Magen Brooke Grimes, Joseph Cain Culpepper, and Tracey Grimes (Appeal from Russell Circuit Court: CV-21-900024).
SC-2024-0190
Ala.Mar 21, 2025Background
- Nancy Walker executed a will in 2011 (the "2011 will") naming her sister, Beatrice Land, as primary beneficiary and personal representative, and granting her power of attorney.
- In 2020, shortly before her death and while living with her stepgranddaughter Magen Grimes and Magen’s husband Joseph Culpepper, Nancy executed a new will ("2020 will") and a deed ("2020 deed") leaving substantial real property to Magen and Culpepper and naming Magen as personal representative.
- Nancy died three weeks later; Beatrice declined to serve as personal representative, and her son-in-law Mirabella sought to probate the 2011 will and have the 2020 deed declared void due to alleged incapacity and undue influence.
- The parties stipulated to probating the 2020 will and appointing Magen as personal representative, but Beatrice and Mirabella filed a circuit court action contesting both the 2020 will and 2020 deed, alleging Nancy lacked capacity when executing them.
- A jury found both the 2020 will and 2020 deed invalid; the proponents (Magen, Culpepper, et al.) appealed, and Beatrice cross-appealed the denial of her costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over will contest in circuit court | Circuit court lacked subject-matter jurisdiction | Beatrice could commence contest post-probate under § 199 | Circuit court had jurisdiction |
| Jurisdiction over deed contest in circuit court | Circuit court lacked authority over deed | Not clearly argued; did not distinguish from Branch case | Court lacked jurisdiction over deed contest |
| Validity of 2020 will | Nancy was lucid during execution | Nancy lacked testamentary capacity (confusion, dementia) | Jury's invalidation supported by evidence |
| Award of costs and attorney fees to Beatrice | Should not include attorney fees; claims had merit | Entitled to costs, including attorney fees, as prevailing | Judgment denial of costs reversed; remanded |
Key Cases Cited
- Branch v. Branch, 347 So. 3d 239 (Ala. 2021) (limits circuit court's jurisdiction over related claims in a will contest)
- Daniel v. Moye, 224 So. 3d 115 (Ala. 2016) (explains nature and transfer of will contests between probate and circuit court)
- Lloyd Noland Hosp. v. Durham, 906 So. 2d 157 (Ala. 2005) (sets stringent standard for overturning jury verdict as against the weight of the evidence)
- Clark v. Clark, 287 Ala. 42 (Ala. 1971) (interprets "costs" in Ala. Code § 43-8-196 to include attorney fees)