Spurling v. Estate
544 S.W.3d 119
| Ark. Ct. App. | 2018Background
- Allie Marie Reed died in 2007; a holographic will (dated April 3, 2007) provided for six equal shares among her five children and grandson Travis Spurling.
- On December 12, 2008, four of Allie’s children petitioned to admit the will and to appoint Bill Reed executor; the circuit court admitted the will and appointed an executor the same day; Bill and the sheriff then removed personal property from the home where Travis lived.
- Travis filed claims and multiple petitions (demand for notice, inventory, publication to creditors, accounting, contempt, and return of property), alleging Bill removed Travis’s personal property and failed to follow probate requirements.
- In January 2012 the court relieved Bill, appointed Chris Ray as executor with bond, and ordered an inventory; disputes over many personal-property items continued and were litigated at evidentiary hearings.
- After a May 2016 hearing, the circuit court issued findings (June 24, 2016) allocating disputed personal property between Travis and the estate and reserved on a rifle; April 25, 2017 order reiterated allocations, found no remaining estate assets of value, and closed the estate.
Issues
| Issue | Plaintiff's Argument (Spurling) | Defendant's Argument (Estate/Respondent) | Held |
|---|---|---|---|
| 1. Appointment same day as petition without notice/hearing | Appointment was improper because it occurred the same day without notice or hearing to interested parties | Circuit court record contains no ruling on this specific defect; issues below not decided | Not preserved for appeal; affirmed on preservation grounds |
| 2. Closing estate without proof of publication | Court closed estate without requiring proof that notice to creditors was published | No ruling below requiring proof; record lacks decision on publication requirement | Not preserved for appeal; affirmed |
| 3. Executor served without bond | Executor served without bond contrary to will/statute | Circuit court did not rule on bond issue at time; later executor was appointed with bond in 2012 | Not preserved for appeal; affirmed |
| 4. Estate closed without filing accounting | Court closed estate though no accounting was filed | Circuit court did not rule on accounting claim in record | Not preserved for appeal; affirmed |
| 5. Estate closed without distributing decedent’s assets per probate statutes | Estate closed without distributing assets; Travis lost one-sixth share | Circuit court held it distributed all identified personal-property items after weighing testimony; found no remaining assets of value | Distribution supported by evidence; not clearly erroneous; affirmed |
| 6. Closing without following decedent’s will (one-sixth share) | Court failed to effect decedent’s will leaving Travis one-sixth share; executor retained estate property in barn | Trial court evaluated evidence, allocated specific items to estate or Travis, and found no remaining valuable assets | Court’s factual allocations affirmed; no showing distribution was inconsistent with will or that Travis was harmed |
Key Cases Cited
- Doe v. Baum, 348 Ark. 259 (preservation of issues for appeal requires obtaining a ruling below)
- Patton v. Fulmer, 2016 Ark. App. 260 (appellate review in probate: de novo review but factual findings not reversed unless clearly erroneous)