In Samuel RODGERS v. Elizabeth McELROY (2012), BETH raided the wrongful death funds for her personal representative fees from the insolvent (poor) deceased, Ron’Drequez Cortez White, killed by a drunk driver. RON’DREQUEZ CORTEZ WHITE, age 20, student of Jefferson State Community College of Birmingham, Alabama, passed away on July 23, 2009. A Birmingham man was charged with manslaughter and leaving the scene of an accident following a fatal hit-and-run that killed WHITE.[1] When he died, WHITE was POOR and had NO ASSETS.
On February 4, 2010, McElroy, filed a petition in the Jefferson County Probate Court seeking to administer WHITE’s ESTATE (he had no estate assets). The probate court appointed McElroy to serve as personal representative of Estate, and it granted her letters of administration. On April 7, 2010, McElroy filed an inventory of White’s Estate, which she determined had NO ASSETS. She also identified White’s mother as the deceased’s only known heir.[2]
Samuel Rogers was WHITE’s biological father. A jury found that he was in fact the father, and an heir to the estate. Rodgers also was entitled to a distribution of WHITE’s wrongful-death proceeds. WHITE’s ESTATE had NO ASSETS to pay bills or distribute to heirs. McElroy had no executor statutory duties to perform, but WHITE’s ESTATE had a honey pot in $175, 000 of wrongful death settlement funds. She held those funds hostage to pay her personal representative fees.
Rodgers immediately filed a motion asking that the trial court order McElroy to release the wrongful-death proceeds that McElroy had seized as WHITE’s personal representative. In his motion, Rodgers contended that BETH was not entitled to be compensated for her services as personal representative from the wrongful-death proceeds. McElroy objected, and the matter was litigated. After a hearing, the trial court entered an order finding that McElroy was entitled to compensation for her services as personal representative and awarded her $15,750, which equaled 9% of the total of $175,000 in wrongful-death proceeds. Rodgers objected and appealed.
The Alabama Supreme Court held that ” … under Alabama law, the proceeds collected as a result of a wrongful-death claim are not part of the decedent’s estate. Steele v. Steele, 623 So.2d 1140, 1141 (Ala.1993) (“[D]amages awarded pursuant to [the Wrongful Death Act, § 6–5–410,] are not part of the decedent’s estate.”).”[3]
However, a DIVIDED Supreme Court/Court of Appeals majority got around the question by finding that BETH was entitled to be compensated out of the wrongful death funds by performing “extraordinary services” for the heirs of the White’s Estate.
THOMPSON, Presiding Judge dissented,
” … from the record, it appears McElroy did not act as co-counsel or otherwise arrange contractually for a referral or for other attorney fees to compensate her for any actions she took in obtaining the wrongful-death proceeds. Instead, McElroy sought a fee from the proceeds in a post hoc fashion on the theory that, as an administrator of White’s estate, she was entitled to such a fee. In awarding the fee, the Jefferson Circuit Court (“the trial court”), in effect, TAXED White’s heirs with an additional nine percent contingency fee to which they never consented, either personally or through McElroy. ” [4]
Elizabeth McELROY (2013), WHERE’S YOUR FATHER’S MONEY?
Now BETH has been holding the estate of a Grandson of Absolute Bondsmen (Alabama SLAVES), WWII Black Veteran and former Coal Miner, John Gregory, Jr., hostage for over 2 (Two years). Mr. Gregory passed August 11, 2011- almost 4 (Four) years after gross medical treatment at Birmingham’s Veteran Hospital. She refuses to file an INVENTORY OF ASSETS nevertheless that she had a state mandatory legal DUTY to file and serve an inventory within 45 (Forty-Five) of her appointment (May 22, 2013). She will not identify the heirs of the John Gregory’s Estate, and she will not discuss anything with his them until they answer the question to her arbitrary satisfaction, WHERE’S YOUR FATHER’S MONEY?
During WWII, John Gregory, Jr., enlisted in the U.S. Army to protect and serve his country, and everything it represents (rights, privileges, responsibilities and duties of all its citizens). Yet, at his lowest and most powerless level, in DEATH, BETH representing state power of Birmingham, Jefferson County Alabama will not allow his SOUL a celebration, rest in peace, and final solace to loved ones and family in the final chapter of his life on earth.
BETH demands CASH MONEY. BETH is on a virtual “scorch the earth” campaign to find any CASH MONEY that belong to John Gregory, Jr. to file a “Honey Pot” for her to draw funds for her personal benefit and profit (extraordinary fees). I suggest that people of conscience fill her “Honey Pot” with pennies, nickels, dimes and quarters in protest to the gross injustice and violation of our natural, civil and HUMAN RIGHTS. Even with ONE RED CENT, ELIZEBETH “BETH” MCELROY would be grossly overcompensated for STEALING FROM THE POWERLESS DEAD POOR.
Procedure History of Proceedings to Remove BETH as Administrator of the Estate of John Gregory, Jr.
On August, 18, 2011, John Gregory, Jr. passed after medical treatment at Birmingham Veteran’s Hospital. A claim for damages under the Federal Tort Claims Act (FTCA, section 1346(b) and 2671-2680 , Title 28) against Dr. Ahmed Ali and the U.S. Veterans Administration for causing the wrongful death of John Gregory, Jr. for among other things “Seniorcide/Homicide.”
On September 27, 2011, John Gregory Jr.’s issue of his body, Julia Ann Gregory-Rogers, filed a petition for appointment as her late father’s administrator and or executor to administer his WILL of his small estate (In the Estate of John Gregory, Jr., Case No. 213224).
On May 22, 2013, almost two later without notice or service of the order, Judge Alan King of Jefferson County Probate Court, appointed Ms. Elizabeth W. McElroy, public administrator of John Gregory, Jr.’s Estate. Ms. McElroy did not serve notice that she had been appointed administrator of the estate.
On July 8, 2013, within 45 days of McElroy’s appointment on May 22, she had a duty to file a signed, notarized initial inventory with the Court listing all known assets (Inventory of Assets) along with their fair market value at date of Mr. Gregory’s death. It is a duty that she failed to perform on or before July 8, 2013. It is a duty that she still deliberately refuses to perform along with filing a notice of the heirs of the Estate of John Gregory, Jr. almost two years too late (July 8, 2015).
On August 26, 2013, Julia Gregory Rogers filed a Notice of Appeal of Judge King’s order denying the probate of John Gregory Jr.’s Will, and the appointment of the public administrator with Jefferson County, Alabama, Circuit Court of Appeals.
On October 09, 2013, McElroy improperly and irregularly appeared as some sort of a surrogate of Judge King and the Probate Court in the Circuit Court of Appeals, and filed a MOTION TO DISMISS MS. ROGER’S APPEAL on her motion.
On October 15, 2013, Circuit Judge Michael G. Graffeo DISMISSED, WITH PREJUDICE, petitioner’s appeal action case 2013-000611.00 without a hearing based on direct irregular, improper and prejudicial communications from McElroy.
On November 14, 2013, Ms. Gregory-Rogers filed a NOTICE OF OBJECTION TO EX PARTE COMMUNICATION, HEARING AND ORDER/ MOTION TO VACATE EX-PARTE ORDER PURSUANT TO ITS “INHERENT POWERS” still case number 2013-000611.00
On November 21, 2013, Judge Graffeo QUASHED AND OVERRULED Ms. Gregory-Rogers‘ Notice of Objection without a hearing and based on direct irregular, improper and prejudicial communications with McElroy.
On December 03, 2013, Ms. Gregory-Rogers filed a Motion in Exception and to Set Aside Honorable Circuit Court Judge Michael G. Graffeo’s Order of November 21, 2013 Due to Serious Irregularity of Proceedings of the Circuit Court.
On February 7, 2014, Ms. McElroy accepted the appointment and Probate Court Judge King did issue Letters of Testamentary without notice that Ms. McElroy refuse to serve on John Gregory Jr.’s prospective heirs to the date of this writing.
On September 09, 2014, Gregory-Rogers filed an federal court action against Ms. McElroy, Dr. Ahmed Ali and the U.S. Veterans Administration under equity jurisdiction to stay the statue of limitation lapse of John Gregory Jr.’s federal tort claim for wrongful death. The federal court granted a stay to allow Gregory Rogers time to move through state procedures to remove Ms. McElroy as the administrator as soon as possible (Rogers v. McElroy, etc., District Court Northern District of Alabama Southern Division, Case No. CV-14-BE-1728-S).
On October 20, 2014, Gregory-Rogers appeared before Probate Judge Alan King on the PETITION to Remove Public Administrator Elizabeth McElroy from the Estate of John Gregory, Jr. (In the Estate of John Gregory, Jr., Case No. 213224).
On October 20, 2014, Probate Judge Alan King ruled that he lacked jurisdiction to hear the petition to remove, because the case was still pending in Jefferson County, Alabama, Circuit Court of Appeals, Case No. 2013-000611.00 (In the Estate of John Gregory, Jr., Case No. 213224).
On December 13, 2014, Gregory-Rogers petitioned the Circuit Court to remove McElroy as the public administrator of the estate. Instantly, Judge Graffeo ruled that the Circuit Court also “LACKED JURISDICTION” to hear the petition to remove McElroy and took no action to remand the matter back to probate court. Petitioner was not aware that Judge Graffeo’s Circuit County Associate Judge Tom King, Jr. was Judge Alan King’s biological brother.
On December 13, 2014, Judge Graffeo personally ordered the clerks of the court not to file Gregory-Rogers’ petition to remove McElroy. Clerks of the court encouraged Gregory-Rogers to leave the courthouse building, immediately. Judge Graffeo subsequently ordered the court clerk to refund Gregory-Rogers $100.00 jury fee that had been posted pursuant to her August 14, 2013 Circuit Court appeal of Probate Court Judge King’s May 22, 2013 Order (Case no. 2013-000611.00).
On April 27, 2015, Rogers v. McElroy, etc., District Court Northern District of Alabama Southern Division, Case No. CV-14-BE-1728-S , the stay was dissolved and case in equity was dismissed due to Judge Graffeo deliberatively closing the district court doors in the face of Gregory-Rogers. He purged the petitioner’s case from the civil appeals calendar closing her off from an adequate speedy state remedy to appeal, and Remove Public Administrator Elizabeth McElroy from the Estate of John Gregory, Jr.
Contact Representative: Julia Ann Gregory-Rogers, email: igniting_1@hotmail.com
[1] http://blog.al.com/spotnews/2009/07/birmingham_man_charged_in_fata_2.html
[2] http://caselaw.findlaw.com/al-court-of-civil-appeals/1609574.html
[3] http://caselaw.findlaw.com/al-court-of-civil-appeals/1609574.html
[4] http://caselaw.findlaw.com/al-court-of-civil-appeals/1609574.html
In Search of Black Assassins 