Weems v. Long et al.Annotate this Case
Terry Weems, as the personal representative of the estate of Terry Sutherland ("Terry"), deceased, the proponent of what was purported to be the will of Terry's mother, Gladys Elizabeth Stidham Sutherland ("Elizabeth"), appealed a probate court judgment entered in favor of Terry's siblings, Angela Long and Gary Sutherland, who contested that purported will. Elizabeth died in 2016. Angela petitioned to admit to probate a will her mother executed in 2002 which divided Elizabeth's property equally among her three children. The 2002 will named Angela as the executor of the estate. Shortly thereafter, Terry petitioned the probate court to enter an order admitting a different will to probate that, he said, Elizabeth had executed in 2013 ("the 2013 will"); he also requested that the probate court issue letters testamentary to him as the executor of Elizabeth's estate. That will revoked "all prior wills and codicils" and named Terry as the executor of the estate. In August 2016, Angela petitioned the circuit court to remove the "administration" of Elizabeth's estate from probate court. In October 2017, after determining that its jurisdiction had not been properly invoked, the circuit court issued an order remanding the proceedings relating to Elizabeth's estate back to the probate court. Thereafter, the probate court entered an order acknowledging receipt of the proceedings from the circuit court. In September 2018, Terry died and Terry Weems was appointed to be the personal representative of his estate. At the time of Terry's death, neither the 2002 will nor the 2013 will had been admitted to probate and letters testamentary had not been issued. In 2019, the probate court received testimony and evidence from the parties, and issued an order finding that the procurement and execution of the 2013 will was unduly influenced by Terry. It also admitted the 2002 will to probate and issued letters testamentary to Angela. Thereafter, Weems appealed to the Alabama Supreme Court. The Supreme Court dismissed the appeal, finding that the probate court was required to transfer the contest after a demand to transfer was made; without it, the court had no jurisdiction to hold a hearing or to issue its order. Because the probate court lacked jurisdiction in this case, its judgment was void.