Walters v. Stewart

Ruffin, Presiding Judge.

In 1995, Howell Stewart gave his son, Howell Stewart, Jr. (“Stewart”) $50,000. When Mr. Stewart died, his daughter, Alice Walters, sought a declaratory judgment that the $50,000 was an advancement against Stewart’s inheritance. Walters also alleged that Stewart breached his fiduciary duty as executor by failing to acknowledge the advancement. Stewart moved for summary judgment, asserting, inter alia, that the money could not be considered an advancement because there was no written documentation providing that it was an advancement, as required by the Revised Probate…