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Keywords

testimonyprobatewillobjectionhearsay
appealmotionprobatewillleaseappellantappellee

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O’Fallon v. O’Fallon ex rel. Ngar, 341 Ark. 138, 14 S.W.3d 506

Facts

Barney Laron 'Ronnie' O'Fallon died intestate on May 3, 1997, leaving behind three children. His oldest son, William Martin O'Fallon, was appointed administrator of the estate and collected assets, including a 1996 Chevrolet Camaro purchased by the decedent shortly before his death. The son, Ronnie O'Fallon, claimed the vehicle was intended as a gift and sought its return from the estate. The probate court initially ruled in favor of Ronnie, but the case was later transferred to chancery court for proper adjudication.

Barney Laron “Ronnie” O'Fallon died intestate on May 3, 1997, and was survived by three children. His oldest son, appellant William Martin O'Fallon, was appointed administrator of the estate by the Desha County Probate Court and, pursuant to the probate court's order, proceeded to collect the assets of the estate. One of those assets was a 1996 Chevrolet Camaro automobile that had been purchased by the decedent two weeks prior to his death and delivered to his seventeen-year-old son, appellee Ronnie O'Fallon.

Issue

Did the decedent make a valid inter vivos gift of the automobile to his son, and was the testimony regarding the decedent's intent admissible despite hearsay objections?

1 For his first point on appeal, the administrator challenges the chancellor's finding that the decedent made an inter vivos gift of the vehicle to Ronnie O'Fallon.

Rule

A valid inter vivos gift requires clear and convincing evidence of the donor's sound mind, actual delivery of the property, clear intent to make an immediate gift, unconditional relinquishment of control, and acceptance by the donee.

Our law determining a valid inter vivos gift is clear and well established. We have stated that a valid inter vivos gift is effective when the following requirements are proven by clear and convincing evidence: (1) the donor was of sound mind; (2) an actual delivery of the property took place; (3) the donor clearly intended to make an immediate, present, and final gift; (4) the donor unconditionally released all future dominion and control over the property; and (5) the donee accepted the gift.

Analysis

The court found that the evidence supported the conclusion that the decedent intended to make a gift of the vehicle to his son. Testimonies indicated that the father expressed his intent to buy the car for his son and delivered it to him, fulfilling the requirements for a valid inter vivos gift. The court also ruled that the hearsay statements regarding the father's intent were admissible as they were declarations against the pecuniary interest of the estate.

Based on this record, we cannot say that the chancellor clearly erred when he found that the decedent made a valid inter vivos gift of the 1996 Chevrolet Camaro to his son, Ronnie O'Fallon.

Conclusion

The court affirmed the chancery court's ruling that the father made a valid inter vivos gift of the 1996 Chevrolet Camaro to his son.

Affirmed.

Who won?

Ronnie O'Fallon prevailed in the case because the court found sufficient evidence supporting the claim that the father intended to gift the vehicle to him before his death.

Ronnie O'Fallon then filed a motion for judgment on the record and asked the chancery court to enter judgment based upon the record of the probate court, where the matter had been fully tried before the same judge.

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