Sims v. First National Bank

Citations: 264 Ark. 378; 571 S.W.2d 600; 1978 Ark. LEXIS 2123Docket: 78-74

Court: Supreme Court of Arkansas; October 16, 1978; Arkansas; State Supreme Court

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The trial court determined that John B. Sims is the natural child and heir of the deceased Claire Moore Sims, granting him a one-fifth interest in her estate. Burkett M. Sims, the appellant, challenges this decision on three grounds: the admission of a Texas birth certificate, the granting of a new trial to the appellee, and the sufficiency of evidence supporting the verdict. Following Claire Moore Sims' death, John B. Sims and Claire Lee Sims sought to be appointed personal representatives, with John B. Sims identified as an heir. After submitting two fraudulent wills, contested by heir Mary A. Perceful, John B. Sims admitted their fraudulence. The court appointed the First National Bank of Hot Springs as administrator and later held a hearing on heirship, where John B. Sims initially represented himself and was ruled not an heir. After hiring legal counsel, he conducted a birth record search revealing a birth certificate for a John Burkett, Jr. born in 1932, leading the court to reconsider its decision. Testimonies indicated that Claire Moore Sims raised John B. Sims, whom she referred to as 'John Bentley,' after he was handed to her through a car window. Witnesses confirmed this arrangement and noted that Claire Moore Sims had a previous marriage to D. O. Sims, with whom she had several children before their divorce in 1930. Claims were made that John B. Sims was the illegitimate child of Claire Moore Sims and Joseph A. Seyl, with corroborating testimonies about Claire’s pregnancy and the circumstances surrounding John B. Sims' birth.

Claire Moore Sims claimed that John A. Seyl was the father of her child, who is now known as John B. Sims. Key findings from the trial court's opinion after the July 20, 1977 hearing include: 

1. John B. Sims forged a holographic will of Claire Moore Sims for probate in 1974.
2. Expert testimony indicated that Claire Moore Sims' signature on an affidavit for John B. Sims' delayed birth certificate was forged, and the information on the certificate was false.
3. There were notable inconsistencies in John B. Sims’ testimonies regarding his mother's deathbed scene.
4. Several family members testified that John B. Sims was not Claire Moore Sims' son, though their testimonies were viewed skeptically due to their vested interests.
5. Contradictory evidence included a letter from Burkett M. Sims discussing family dynamics and acknowledging John B. Sims as an equal heir without raising doubts about his legitimacy.
6. Additional letters from Burkett M. Sims indicated a desire to avoid involvement in disputes over John B. Sims' status.
7. Evidence demonstrated familial affection toward John B. Sims, referring to him as 'brother.'
8. The deposition of Sybil Triffit Flippen, Claire Moore Sims' sister, and a subsequent affidavit asserted that John B. Sims is an illegitimate child of Claire Moore Sims, casting doubt on the motivations of Mrs. Flippen’s testimony.
9. The Texas birth certificate of John Burkett, Jr. generated speculation but was not decisive.
10. Ultimately, despite inconsistencies in the evidence, the court concluded that John B. Sims is a natural child and heir of Claire Moore Sims, entitled to a one-fifth interest in her estate. This opinion will be included in the case record.

Don Schnipper is tasked with preparing an order based on the terms outlined in the letter. The court finds no merit in the appellant's argument regarding the irrelevance of the birth certificate, concluding that it is indeed relevant, especially given witnesses' beliefs about Claire Moore Sims' potential whereabouts. The birth certificate enhances the credibility of Sybil Moore Flippen's testimony under the definition of relevancy in Ark. Stat. Ann. 28-1001, Rule 401. 

In addressing the appellant's claim about the trial court's error in vacating the initial order from October 1, 1976, the court cites Henry v. Powell, Mayor, affirming the trial court's authority to set aside orders within 90 days to correct errors, as per Ark. Stat. Ann. 22-406.4 (Supp. 1977). 

The court also rejects the appellant's assertion of insufficient evidence to support the trial court's findings. The testimony from the deceased's only surviving sister stands unchallenged, strongly suggesting that Claire Moore Sims became pregnant and left Hot Springs with Joseph A. Seyl, despite some parties being in a position to know about absences. The court's decision is affirmed with agreement from the Chief Justice and Justices Fogleman and Hickman.