Dr. Lowell Harrison Becraft
Sex: M
Individual Information
Birth: 20 Sep 1915
Christening:
Death: 11 Dec 1988 1
Burial: Maple Hill, , Madison Co, AL
Cause of Death:
AFN :
Events
• Soc Sec Num, 521-09-9506
• Census, Federal, 1920 in Scotland Co, MO
William Becraft, age 37y; wife Bessie L, age 30y; dau Florance E, age 10y; Margret B, age 7y; dau Vetrice L, age 5y; son Lowel H, age 4y3m; son Russell R, age 1y11m.• Census, 1930 Census, 1930 in Miller, Scotland Co, MO
Wm Becraft, age 47, born in MO, head of household with wife, Bessie L, age 40; children Marjorie age 17; Vetrice age 16; Lowell age 14; Russel age 11; Millard age 9; Robert age 8; Dorine age 6; Eugene age 4 and Donald age 3.• Military, AAD, 28 Dec 1942 in Indianapolis, Marion Co, IN
Army Serial Number: 35576627• Will, 27 Aug 1993
Name: Becraft, Lowell F
Residence: State #1 (Undefined Code)
Residence: County 139 (Undefined Code)
Place of Enlistment: 5140 (Indianapolis IN)
Date of Enlistment Day: 28
Date of Enlistment Month: 12
Date of Enlistment Year: 42
Grade: Alpha Designation: PVT# (Private)
Grade: Code 8
Branch: Alpha Designation: BI# (Branch Immaterial - Warrant Officers, USA)
Branch: Code: 00
Term of Enlistment:5 (Enlistment for the duration of the War or other emergency, plus six months, subject to the discretion of the President or otherwise according to law)
Longevity: ###
Source of Army Personnel:0 (Civil Life)
Nativity: 51 (IN)
Year of Birth: 16
Race and Citizenship: 1 (White, citizen)
Education: 2 (2 years of high school)
Civilian Occupation: 753 (Semiskilled linemen and servicemen, telegraph, telephone, and power)
Marital Status: 2 (Married)
Component of the Army: 7 (Selectees (Enlisted Men)
Card Number: #
Box Number: 0961
Film Reel Number: 5.23#
Page 404
628 So.2d 404
Charles D. BECRAFT, as executor of the estate of Lowell H. Becraft, Sr., deceased
v.
Elizabeth BECRAFT.
1920210.
Supreme Court of Alabama.
Aug. 27, 1993.
Page 405
Lowell H. Becraft, Jr., Huntsville, for appellant.
John G. Butler, Jr., Huntsville, for appellee.
ALMON, Justice.
The children of Lowell Becraft, Sr. ("Dr. Becraft"), opposed the petition by their stepmother, Elizabeth Becraft, for an omitted spouse's share of Dr. Becraft's estate, Ala.Code 1975, § 43-8-90. The Madison County Probate Court granted Elizabeth's petition, and Dr. Becraft's children have appealed. The issues stated by the children are:
"(1) Is the judgment of the Probate Court granting the petition of Elizabeth Becraft for an omitted spouse share of this estate contrary to the great weight and preponderance of the evidence?
"(2) Did the Probate Court err as a matter of law in concluding that the sole manner of proving a section 43-8-90 defense is by showing the execution of a new Will, codicil, pre- or post-nuptial agreement?
"(3) Did the Probate Court err as a matter of law in concluding that any transfer under section 43-8-90 must approximate or equal the amount the surviving spouse would otherwise take under this statute?
"(4) Did the Probate Court err in considering facts outside the record of this case in making its decision to grant Elizabeth the omitted spouse share?"
Dr. Becraft was married to Barbara Becraft until Barbara's death in 1985. They had four children, one of whom died without issue. Dr. Becraft had executed a will, in 1984, leaving his entire estate to Barbara or, if she failed to survive him, to their children. After Barbara's death, Dr. Becraft married Elizabeth and remained married to her until his death seven months later. His three surviving children filed his 1984 will for probate, whereupon Elizabeth filed a petition for an omitted spouse's share, pursuant to § 43-8-90.
Section 43-8-90(a) provides:
"If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven."
Dr. Becraft made Elizabeth the beneficiary of a $25,000 insurance policy on his life, and the children argue that Dr. Becraft...
Parents
Father: William Millard Becraft 2
Mother: Bessie Lee Mathes 3
Spouses and Children
1. *Barbara Hodges 4
Marriage:
Status:
Children:
1. Charles D Becraft
2. Lowell Harrison Becraft Jr.
3. Becraft
4. Becraft
2. Elizabeth
Sources
1. dad1037@yahoo.com (Emails, etc from her sources.), 1988.
2. dad1037@yahoo.com (Emails, etc from her sources.), "Millard."
3. My Family Lines, Wendy Muir (http://worldconnect.rootsweb.com).
4. dad1037@yahoo.com (Emails, etc from her sources.)