Estate of Sullivan v. Sullivan
2012 Mo. App. LEXIS 692
| Mo. Ct. App. | 2012Background
- Beulah Sullivan died in March 2007; three heirs included Weadon (estate representative), Clyde Sullivan, and Neil Sullivan.
- In 2005 the heirs entered into an agreement regarding cattle and money Sullivan had received from Decedent, with two promissory notes issued to Decedent.
- The 2005 agreement and notes were acknowledged in a declaration of incapacity and incorporated into the probate judgment.
- After death, Weadon was appointed personal representative, obtained authority to sell the farm, and ordered Sullivan to vacate and remove his property by a deadline.
- While motions were pending in probate, Weadon and Sullivan pursued separate circuit court actions on the promissory notes; Sullivan sought partial distribution in probate, and Weadon sought contempt and discovery of assets.
- Probate court granted partial distribution of the notes to Sullivan, charged the outstanding balance against his share, granted discovery to Sullivan, and denied contempt; Weadon appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Concurrent jurisdiction between probate and circuit courts. | Weadon argues probate cannot proceed due to pending circuit actions. | Sullivan argues probate must bow to circuit actions and limit jurisdiction. | Not legally erroneous; probate could proceed. |
| Whether partial distribution was proper and non-prejudicial. | Weadon contends distribution harmed other heirs and was against evidence. | Sullivan contends estate size allowed distribution without prejudice. | Partial distribution affirmed; not an abuse of discretion. |
| Contempt findings for failure to file list and vacate farm. | Weadon seeks contempt for failure to list personal property and vacate. | Sullivan complied or did not harm estate; evidence insufficient. | Contempt denial affirmed; partial success upheld; no reversible error. |
| Discovery of assets and ownership of certain items. | Weadon challenges ownership allocation of rifle, saddle, and tractor keys. | Sullivan claimed ownership inconsistencies; items should be estate property. | Judgment modified to delete ownership of rifle, saddle, and tractor keys; remainder affirmed. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for probate division judgments)
- Cordes v. Williams, 201 S.W.3d 122 (Mo.App. W.D.2006) (substantial evidence/weight/apply law standard)
- In re J.L.B., 280 S.W.3d 147 (Mo.App. S.D.2009) (concurrent jurisdiction concept after Webb decision)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (determines jurisdictional framework for same matter in multiple courts)
- Stark v. Moffit, 352 S.W.2d 165 (Mo.App. 1961) (concurrent jurisdiction principles for court actions)
- Lancaster v. Simmons, 621 S.W.2d 935 (Mo.App. W.D.1981) (correct result exception when judgment based on erroneous reasoning)
- In re N.H., 155 S.W.3d 820 (Mo.App. E.D.2005) (inconsistency/contradiction in judgment may warrant remand or reformation)