Hardy ex rel. the Estate of Julius Carter, Sr. v. Hardin
Annotate this CaseEmma Carter Hardy, acting on behalf of the estate of Julius Carter, Sr., appealed a final order entered by the Montgomery Circuit Court against her and in favor of Julius Hardin in a will contest. Hardy was the daughter of Julius Carter, Sr.; Hardin was the son of Thelma Carter Malone, who was also Carter's daughter. Hardy filed a petition with the Probate Court for letters of administration as to Carter's estate. Hardy alleged in the petition that Carter had died "leaving no Last Will and Testament, so far as [Hardy] knows or believes," and that the only asset of Carter's estate was a parcel of real property located in Montgomery County. The parcel of real property consisted of approximately 180 acres that Carter had farmed. At a hearing for the final settlement of the estate, Hardin filed a letter challenging the estate's administration. The Supreme Court found that the probate court noted Hardin failed to prove fraud as he alleged at the final settlement hearing. The Court therefore concluded the circuit court erred by reversing the probate court and rendering judgment in Hardin's favor. Accordingly, the circuit court was reversed and the matter remanded for further proceedings.
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