Kesean Boykin, Magen Brooke Grimes, Joseph Cain Culpepper, and Tracey Grimes v. Beatrice Land (Appeal from Russell Circuit Court: CV-21-900024).
SC-2024-0156
Ala.Mar 21, 2025Background
- Nancy Walker executed two wills: a 2011 will (leaving the subject property to her sister, Beatrice Land, and other family) and a 2020 will (devoting the property to her stepgranddaughter, Magen Grimes, and Magen's husband, Joseph Culpepper), along with a 2020 deed gifting property to Magen and Culpepper.
- Nancy was in declining health and under hospice care in the months leading to her death, raising questions of testamentary capacity.
- After Nancy died, disputes arose over the validity of the 2020 will and deed; Beatrice and her son-in-law, Mirabella, challenged these documents in probate and circuit court.
- A jury found that both the 2020 will and 2020 deed were invalid due to Nancy’s lack of capacity. The circuit court entered judgment accordingly.
- The proponents of the 2020 instruments appealed; Beatrice cross-appealed regarding denial of costs for contesting the will.
Issues
| Issue | Beatrice's Argument | Proponents' Argument | Held |
|---|---|---|---|
| Circuit court jurisdiction over will contest | Proper under § 43-8-199 as Beatrice had not previously contested the will in probate court | Jurisdiction was lacking since Mirabella had already contested will or Beatrice aided him | Circuit court had jurisdiction; Beatrice could contest in circuit court |
| Circuit court jurisdiction over deed contest | Should be allowed as will and deed execution were related | Circuit court lacked jurisdiction to invalidate the deed in a will contest under § 43-8-199 | Circuit court did not have jurisdiction over the deed; verdict on deed invalidity reversed |
| Validity of the 2020 will (testamentary capacity) | Nancy lacked capacity at time of execution; evidence and expert testimony supported this | Nancy had lucid intervals at execution; witnesses testified to her understanding | Jury’s verdict to invalidate the 2020 will supported by evidence; verdict upheld |
| Beatrice's entitlement to costs and attorney's fees | Entitled under § 43-8-196 as successful will contestant, including attorney fees | Only non-attorney costs allowed unless claims were frivolous; opposed attorney fees | Beatrice entitled to costs; remanded to award costs and consider attorney fees |
Key Cases Cited
- Daniel v. Moye, 224 So. 3d 115 (Ala. 2016) (discussing transfer of will contests and circuit court jurisdiction)
- Branch v. Branch, 347 So. 3d 239 (Ala. 2021) (circuit court jurisdiction limits for will contests and related claims)
- Clark v. Clark, 287 Ala. 42 (Ala. 1971) (costs in will contests include attorney’s fees)
- Bleidt v. Kantor, 412 So. 2d 769 (Ala. 1982) (interpreting legal standard for assessment of costs and attorney’s fees in will contests)
- Smith v. Vice, 641 So. 2d 785 (Ala. 1994) (testamentary capacity standard)