Battle over former Barrow County chairman's estate headed to the Supreme Court

Battle over former Barrow County chairman's estate headed to the Supreme Court


Published Sunday, January 8, 2012 Updated: Monday, January 9, 2012 - 12:06am

WINDER — A family feud over the estate of former Barrow County Commission Chairman Eddie Elder is heading to the Georgia Supreme Court this week.

Elder’s daughter, Susan Crowe, and his widow, District 1 County Commissioner Eva Elder, have been locked in a pitched legal battle over Elder’s $3 million estate since 2007. Crowe believes her stepmother has illegally prevented her from receiving any inheritance from her father.

Elder died in 2004 after a brief illness. He didn’t leave a will behind, so by law, both Crowe and his wife were entitled to half of his estate.

“It’s her birthright,” said Thomas Strickland, Crowe’s attorney. “Her daddy, if he left a will, could have put in wherever he wanted to, but when he didn’t leave a will, these two people were supposed to share it.”

Crowe argues that Eva Elder promised to distribute the proceeds of the estate equitably between herself, Crowe and Crowe’s three sons if Crowe agreed to sign over her rights to the estate temporarily to avoid potential tax liabilities.

That disbursement never happened, and Crowe now is suing her stepmother for breach of contract.

Elder’s attorney won’t comment on the case except to say that Elder has done only what attorneys recommended would be best for the estate.

“Mrs. Elder has prevailed at every stage of this litigation,” said J. Edward Allen, one of her attorneys.

“While the other side wants to make this personal, she has done exactly what she was supposed to do in (Barrow County Probate Court) with regards to the estate. It’s that simple. ... Mrs. Elder has done nothing in this case that lawyers haven’t advised her do, and she has thus far at every stage prevailed on the merits.”

Crowe started aggressively pursuing her share of the estate in 2007, first by petitioning Barrow County Probate Court to change the arrangement that gave Eva Elder full control of the $3 million. She then petitioned the Barrow County Superior Court to overturn the Probate Court’s decision that the 2004 arrangement should stand. Crowe’s attorney argued that Eva Elder obtained the $3 million fraudulently because she promised to disperse the money and then failed to do so.

The Superior Court judge rejected that claim in late 2007, and Crowe appealed that ruling to the Georgia Court of Appeals, which upheld the opinion of the Barrow County Probate and Superior courts.

In July 2008, Crowe’s attorney filed a second suit in Barrow County Superior Court alleging that Eva Elder breached a contract between herself and the rest of Eddie Elder’s heirs when she failed to distribute the $3 million from the estate.

Superior Court Judge Currie Mingledorff ruled in March 2010 that the breach-of-contract suit was too similar to the fraud suit the court already had decided. The court already ruled on the issues brought forth in the case, and Crowe had no right to bring forth another suit, Mingledorff said in his opinion.

Crowe’s attorney appealed that decision to the Georgia Court of Appeals in May 2010, and justices there upheld Mingledorff’s opinion.

On Tuesday, the seven justices of the Georgia Supreme Court will hear arguments as to whether the breach of contract lawsuit should be allowed proceed.

If the Supreme Court rules for Crowe, the lawsuit will return to Barrow County Superior Court for more wrangling over Eddie Elder’s estate.

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