Thomas Martin ("Thomas") appealed a circuit court judgment dismissing his declaratory-judgment action for lack of subject-matter jurisdiction. Henry Thomas Martin ("Henry") died and was survived by his wife, Sheila Martin ("Sheila"), and his two children, Thomas and Dawn Michelle Martin ("Dawn"). Among other dispositions, Henry's will created a testamentary trust for the benefit of Dawn ("the testamentary trust"). The will directed the trustee to hold 25% of Henry's residuary estate in trust and to pay Dawn, in estimated equal monthly installments, the net income from the trust along with any surplus net incomes. Following Henry's death, Dawn died without a will. Henry's will was silent, however, about what happened to the principal of the testamentary trust upon Dawn's death. While the probate court proceedings were pending, Thomas filed a complaint at circuit court seeking a judgment to declare: (1) his interest in reversions held by Henry's heirs; (2) the proper distribution of any property held in such an reversionary trust; and (3) the various rights of the parties to Henry's assets at the time of Henry's death. Shiela, as personal representative to the estate, moved to dismiss Thomas' suit, arguing the circuit court lacked subject-matter jurisdiction. The Alabama Supreme Court reversed the circuit court, finding that although certain probate courts in Alabama were vested with jurisdiction to hear cases involving testamentary tryst, the probate court in this case was not one of them. As a result, only the circuit court held subject-matter jurisdiction to consider arguments about whether the testamentary trust continues or has terminated. View "Martin v. Martin" on Justia Law
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