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McAdams v. Bryan
Citations: 593 So. 2d 1020; 1992 Ala. LEXIS 52; 1992 WL 14642Docket: 1901630
Court: Supreme Court of Alabama; January 30, 1992; Alabama; State Supreme Court
Earby Boyd McAdams, Sr. died intestate in March 1986, leaving three children as heirs: Dorothy M. Deaton, Betty J. Bryan, and Earby Boyd “Buddy” McAdams, Jr. In December 1989, Buddy was granted letters of administration for the estate. A dispute arose regarding McAdams, Sr.'s alleged one-half interest in a convenience store business at the time of his death. Following an ore tenus hearing, the probate court found no interest held by McAdams, Sr., a decision Buddy appealed, arguing it lacked evidential support. Testimonies revealed that in 1967, McAdams, Sr. and the Deatons entered into an oral partnership to build and operate the store, each contributing equally. McAdams, Sr. and Dorothy primarily managed the store until 1976, when he ceased involvement. Post-1976, he did not receive payments, contribute financially, or participate in management. Witnesses, including a store employee and the store's accountant, corroborated that McAdams, Sr. expressed intentions to relinquish ownership and was no longer a partner after 1978. The appellate court affirmed the probate court's judgment, citing legal precedents that support not overturning ore tenus findings unless contrary to the evidence's great weight or palpably erroneous. The court emphasized that the trial court's decisions following ore tenus hearings are upheld if supported by credible evidence.