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Keywords

defendantjurisdictionhearingtrustwillobjection
defendantjurisdictionprobatetrustwillobjectionappellantappellee

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Thompson v. Dunlap, 244 Ark. 178, 424 S.W.2d 360

Facts

James W. Dunlap, who passed away in 1957, left two-thirds of his estate in trust for his widow, Nina P. Dunlap, with a provision for monthly payments of $150. The will allowed for adjustments in case of unusual economic inflation. In 1967, Mrs. Dunlap sought to increase her payments to $300 due to inflation, leading to a court hearing where the chancellor ruled to increase the payments to $200 and mandated annual accountings from the trustee.

James W. Dunlap, at his death in 1957, was a resident of Faulkner county, where his will was probated. Two thirds of his estate, consisting of lands in White and Faulkner counties, was left to the appellant as trustee, with directions that he pay $150 a month to the appellee, Dunlap's widow, during her lifetime, with remainder to other beneficiaries.

Issue

The main legal issues were whether the Chancery Court had proper jurisdiction over the case and whether the monthly payments to Mrs. Dunlap should be increased due to inflation.

The main legal issues were whether the Chancery Court had proper jurisdiction over the case and whether the monthly payments to Mrs. Dunlap should be increased due to inflation.

Rule

The court applied the principle that venue is determined by the residence of the defendant and that a request for affirmative relief can waive objections to venue. Additionally, the court recognized the testator's intent to allow for adjustments in trust income due to inflation.

The court applied the principle that venue is determined by the residence of the defendant and that a request for affirmative relief can waive objections to venue.

Analysis

The court found that the chancellor had jurisdiction because the estate was administered in Faulkner County, despite the trustee's objections. The evidence presented showed conflicting views on the extent of inflation's impact on the payments, but the chancellor's decision to increase the payments to $200 was not against the weight of the evidence. However, the court held that the chancellor should not have imposed annual accountings without evidence of misconduct by the trustee.

The court found that the chancellor had jurisdiction because the estate was administered in Faulkner County, despite the trustee's objections.

Conclusion

The Supreme Court affirmed the chancellor's decision to increase the payments to $200 but modified the decree to remove the requirement for annual accountings, stating that the chancellor acted beyond his authority in initiating supervision of the trust.

As modified, decree affirmed.

Who won?

Nina P. Dunlap prevailed in part, as the court upheld the increase in her monthly payments due to inflation, reflecting the testator's intent.

Nina P. Dunlap prevailed in part, as the court upheld the increase in her monthly payments due to inflation, reflecting the testator's intent.

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