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Birmingham Bar Association Bulletin - Winter 2013

Tort Law Tortious Interference, continued from page 17. 1982). 2 418 So. 2d at 79. 3 Id. at 78. 4 Id. at 79 (citing Peffer v. Bennett, 523 F.2d 1323 (10th Cir. 1975)). 5 211 S.W.2d 559 (Tex. 1948) (where two of the defendants prevented the testatrix from signing her will in the presence of witnesses by force or by creating a disturbance). 6 Holt, 418 So. 2d at 79. 7 Batchelor, 803 So. 2d at 515. 8 Id. 9 Id. at 516. 10 Id. at 515. 11 848 So. 2d at 957. 12 Id. 13 Bush v. Teachers Ins. and Annuity Ass’n of Am., CV-1:05cv378-VPM, 2006 U.S. Dist. LEXIS 79534 (M.D. Ala. Oct. 30, 2006). 14 CV-1020-WKW, 2013 U.S. Dist. LEXIS 70281 (M. D. Ala. May 17, 2013). 15 Id. at *3 n.4. 16 See Diane J. Klein, The Disappointed Heir’s Revenge, Southern Style: Tortious Interference with Expectation of Inheritance - A Survey with Analysis of State Approaches in the Fifth and Eleventh Circuits, 55 Baylor L. Rev. 79, 126- 131 (2003). 17 See Jackson v. Kelly, 44 S.W.3d 328, 332 (Ark. 2001). 18 Id. 19 Jackson v. Kelly, 44 S.W.3d 328, 332-33 (Ark. 2001) (citing Nita Ledford, Note, Intentional Interference with Inheritance, 30 Real Prop. Since the beginning of Civilization, people have interred their loved ones in mausoleums. Burial in a mausoleum crypt was traditionally the choice of royalty and the rich. Mausoleums had long been a demonstration of wealth and power. More recently, private family mausoleums have made it possible for anyone to be interred in a clean, dry private mausoleum and crypts have become affordable for everyone. Many people just dislike the idea of being buried in the ground. Some just prefer burial in an environment protected from the elements of weather and ground. There are many reasons why you would wish to be buried in a mausoleum rather than in the ground. 1. Mausoleums are always clean and neat. No unsightly ground settling, no reseeding necessary. 2. Your loved ones burial crypt is always easy to fi nd with convenient walkways. Your crypt or niche will always be accessible regardless of weather conditions. 3. Interments are less affected by weather. Your loved one’s burial will not be delayed due to frozen ground or snow cover. No wet grass to walk through or stand in. Prob. & Tr. J. 325 (1995). 20 Sonja Soehnel, Annotation, Liability in Damages for Interference with Expected Inheritance or Gift, 22 A.L.R. 4th 1229, 1230 (1983). 21 211 S. W.2d at 559. 22 Id. 23 Id. 24 Id. 25 Id. 26 227 N.W. 817 (Mich. 1929). 27 Id. at 818. 28 Id. 29 Id. 30 Id. at 818-19. 31 131 P.3d 81 (N.M. 2005). 32 Id. 33 Id. 34 Id. at 83. 35 See Holt, 418 So. 2d at 79 (citing Pope, 211 S.W.2d 599, where the tortfeasors used physical force to prevent the execution of a will). 36 The Alabama Supreme Court allowed the recovery of a decedent’s funds which would have otherwise passed by survivorship to an agent who acted for the decedent under a power of attorney in Sevigny v. New S. Fed. Sav. and Loan Ass’n, 586 So. 2d 884 (Ala. 1991), but it did so without reference to tortious interference with an inheritance. The rationale of the Sevigny court was that due to the fiduciary relationship created by the power of attorney, money transferred to the agent pursuant to that power was held as an agent for the decedent. Id. at 888 Jefferson Memorial FUNERAL HOME AND GARDENS 4. No need to pay a separate opening/ closing fee. No need to purchase a cemetery liner or vault, or a memorial monument. Consolidate your cemetery burial choices into one easy purchase. You and your family can be elegantly memorialized in your own Private Family Mausoleum for generations to come. Choose from beautiful intimate personal crypts to impressive walk-in private mausoleums. Your Estate can accommodate a single individual or your entire family. When visiting your family estate, you will reminisce and refl ect in the privacy of your own building, escaping the outside elements. Your Private Family Mausoleum will be personalized with your choice of style and design, as well as the choice of granite colors, stained glass windows, bronze doors, vases and benches. A private family estate is the ultimate tribute to a life well lived! One simple decision; one simple purchase. left with no adequate probate remedy, the Alabama Supreme Court should permit Noble to bring a claim for tortious interference with an inheritance. Although a recovery of the survivorship assets may be obtained under the Sevigny36 rationale, Noble will only be entitled to his intestacy share because he cannot offer the Will which Dad never signed. Also, since Wily claimed a share of the estate by intestacy, rather than by a prior Will, there is no Will for Noble to contest. Therefore, the actions of Wily, coupled with the absence of a probate remedy for Noble, seem to be the necessary ingredients for making a claim for tortious interference with an inheritance in Alabama. G ENDNOTES 1 See Morris v. Trust Co. of Virginia, No. 2:12-CV- 1020-WKW, 2013 U.S. Dist. LEXIS 70281 (M. D. Ala. May 17, 2013); Kershaw v. Kershaw, 848 So. 2d 942 (Ala. 2002); Ex parte Batchelor, 803 So. 2d 515 (Ala. 2001); and Holt v. First Nat’l Bank of Mobile, 418 So. 2d 77 (Ala. Consider the Many Advantages of Private Family Mausoleum Burial 1591 Gadsden Highway US 11 • Birmingham, Alabama 35235 • (205) 322-0543 • information@jmgardens.com Birmingham Bar Bulletin/ Winter 2013 37


Birmingham Bar Association Bulletin - Winter 2013
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