A dispute over what remains of a $2 million Jefferson County estate, which included the disposition of some 19 pets, should remain in Jefferson County Probate Court, according to the Alabama Supreme Court.
The court, by a 5-2 vote, agreed that the case should not be moved to circuit court as requested by the Humane Society of the United States.
According to a majority of the justices once a probate court begins the final settlement process for an estate, a circuit court cannot acquire jurisdiction over that estate.
“The Humane Society may be correct that there are outstanding issues to resolve before Braswell’s estate can be settled. But that does not prevent the final settlement process in probate court from going forward,” the court wrote.
Nella Ruth Braswell died in 2014, leaving behind 6 cats, 13 dogs, and an estate valued at more than $2 million.
The holdings included 200 acres in north Jefferson County, a bar and grill, a 10-unit apartment building, a flea market, a gun store and a winery.
Braswell also left much of her real estate to the Humane Society of the United States and designated it as the residuary beneficiary of her estate.
However, in her will, Braswell provided for the continuing care of her animals until the last one died, with the remaining funds to be given to The Humane Society.
A couple were appointed personal representatives of the estate to administer it and oversee care of the animals.
At some point, the Humane Society became dissatisfied with the estate’s personal representative and had the estate proceeding removed from probate court to the Jefferson Circuit Court.
The representative, Marion McLeroy, objected, but the circuit court refused to relinquish the case.
At the Humane Society’s suggestion, McLeroy placed Braswell’s animals in an animal hospital because many of them were in poor health and Braswell’s home needed significant repairs.
As Braswell’s animals died off, McLeroy and the Humane Society also discussed the possibility of terminating the animal trust and transferring its assets to the Humane Society.
In April 2023, the Humane Society petitioned the probate court to remove McLeroy for several different reasons, including, it said, allowing some of the estate holdings to fall into disrepair.
The Humane Society also commenced a separate civil action against McLeroy and her husband in the Jefferson Circuit Court, seeking to remove them as trustees of the Animal Trust and to recover damages for their alleged breaches of duties under the Animal Trust. At that point, McLeroy began the process of final settlement with probate court.
According to court documents, only one of the animals remains alive, and is being cared for by McLeroy and her husband in their home.
