Ex parte Nancy Beamon.Annotate this Case
Nancy Beamon, personal representative of the estate of Lois P. Arnott, filed a petition for a writ of mandamus requesting that the Alabama Supreme Court order the Washington Circuit Court to dismiss the complaint filed against her by Bruce Allen Arnott. Donovan Arnott, Jr., was married to Lois Arnott. The two were residents of Lee County, Georgia. Bruce was the son of Donovan and Lois. Lois had two children from a prior marriage, Beamon and John Edward Terry. Donovan adopted Beamon but did not adopt Terry. Donovan died testate in 2014. In his will, Donovan left a house and two lots located in Clarke County to Lois. Donovan devised a remainder fee-simple interest in the "Atchison" tract to Bruce; a reminder fee-simple interest in the Smith tract to Beamon; and a remainder fee-simple interest in the "Taylor" tract to Terry. Lois died testate in 2017. In his complaint, Bruce alleged Lois, as the life tenant to the Atchison tract, had timber on the land clear cut in 2016, and took no steps to replant trees as was required by the terms of Donovan's will. Bruce argued the obligation of timber regeneration passed to Lois' estate. Bruce alleged though the estate promised to compensate him (as the remainder person), but made no payment. The Alabama Supreme Court granted Beamon's petition for mandamus relief: Bruce's claim was, in actuality, a claim against Lois's estate and that he was suing Beamon in her capacity as the executor of Lois's estate. However, Beamon, in her capacity as the executor of Lois's estate, had no authority to defend a suit in Alabama because the letters testamentary appointing her were issued by the Georgia court. Therefore, the circuit court did not have subject-matter jurisdiction over claims against Beamon in her capacity as the executor of Lois's estate. Accordingly, it erred when it denied Beamon's motion to dismiss the claims against her.