Boykin, et al. v. Land; Land v. Boykin, et al., [SC-2024-0156; SC-2024-0190, Mar. 21, 2025] __So. 3d __ (Ala. 2025). The Court (Sellers, J.; Stewart, C.J., and Bryan, Mitchell, and McCool, JJ. concur) affirms in part and reverses in part the Russell Circuit Court’s judgment invalidating a will and deed executed by Nancy Walker (“Nancy”).
The proponents of the will argue that the circuit court lacked jurisdiction over the will contest and prior probate court proceedings in which Beatrice Land previously contested the will. The Court rejects this argument, holding that “the evidence does not indicate that Beatrice significantly aided and abetted in the probate proceedings challenging aspects related to the will, and did not directly contest the will in probate court.” Ms. *3, citing Breeding v. Grantland, 135 Ala. 497 (1903); and Alexander v. Alexander, 230 Ala. 170 (1935). Thus, the Court determined that mere assistance in probate proceedings does not bar independent circuit court contests under § 43-8-199, Ala. Code 1975, and that Beatrice was entitled to challenge the will in circuit court. Ms. *4.
The proponents of the will asserted that, even if the circuit court had jurisdiction over the will contest, it did not have jurisdiction over the challenge to validity of an inter vivos deed executed by Nancy. Ms. *4. The Court agrees, emphasizing that circuit court jurisdiction under § 43-8-199 is strictly confined to will contests, excluding jurisdiction over inter vivos property transfers like deeds. Ms. *5, citing Branch v. Branch, 347 So. 3d 239 (Ala. 2021). Accordingly, the circuit court erred by adjudicating the deed’s validity.
Lastly, the Court turns to Beatrice’s cross-appeal of the circuit court’s denial of her motion for costs under § 43-8-196, Ala. Code 1975, supporting fees awards in successful will contests. Ms. *9. The Court notes the long-standing line of precedent construing costs, as that term is used in § 43-8-196, to include attorney fees. Ms. *9. Thus, the trial court erred in denying Beatrice’s motion for an award of attorney fees. Ms. *9.