Sandford v. Sandford — Trust equalization clause cannot revive time-barred claims
A trust equalization clause covering loans and gifts did not permit a court to revive time-barred claims over decades of family property income.
A trust equalization clause covering loans and gifts did not permit a court to revive time-barred claims over decades of family property income.
The Alabama Supreme Court reversed. It held that the circuit court’s statutory power of general supervision over inferior courts extends to the probate court and includes authority to issue writs needed to exercise that supervision. A local grant of concurrent equity jurisdiction changes the matters a probate court may decide, but it does not transform the probate court into a tribunal equal in institutional rank to the circuit court.