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A grandson of the founder of the RC Willey Home Furnishings chain has lost another bid to get what he alleges is his fair share of his grandfather's estate.
The Utah Supreme Court, in a 5-0 ruling handed down Tuesday, said Don McBroom's claims that he was deprived of his inheritance through a "forced" sale of his ownership interest in the company were filed decades too late or would fail on their merits.
The decision upholds 2nd District Judge Thomas Kay's denial last year of a motion to set aside court orders issued in 1973 and 1975, respectively, approving a stock purchase agreement and the sale of McBroom's interest in his grandfather's chain for $5,000.
"There were no grounds for the lawsuit," Bill Child, RC Willey board chairman, said Friday. "It was frivolous and unwarranted. We are pleased that it has been resolved."
McBroom, a West Valley City resident, said Friday he is disappointed.
Now 60, McBroom alleged in a suit filed in 2014 that a guardian who was appointed to represent the six minor grandchildren of the late Rufus Call Willey in the transaction never acted on their behalf. Instead, he claimed, the court was duped into approving the 1973 agreement, which allegedly took away the grandchildren's rightful interests in the company, then called R.C. Willey & Son. In addition, McBroom alleged he was never paid the $5,000 he was owed.
Writing for the state Supreme Court, Justice Deno Himonas said motions to relieve a party from orders must be filed no more than 90 days after their entry. He noted that McBroom's motion asking for relief was filed 41 years after a 2nd District judge entered the order approving the stock purchase agreement and 39 years after the OK for the stock sale was entered — making the claims "profoundly untimely."
The decision also says that whether McBroom got his money is not at issue.
"At most, if Mr. McBroom truly was not paid the $5,000 owed him under the 1973 Agreement, his remedy would lie with R.C. Willey & Son, which is not party to this action," Himonas wrote.
In a separate lawsuit involving ownership interests in the company, the Supreme Court in August unanimously rejected similar claims by McBroom and his sister Helen Immelt. The siblings had filed suit in 2011 seeking the value of what they said was their rightful interest, plus other monetary damages.
Immelt, now 65, was an adult at the time her ownership interests were sold, also for $5,000, and was not part of the suit involving minor grandchildren.
Defendants in both suits denied all allegations and said nothing improper happened.
Berkshire Hathaway Inc., the holding company headed by billionaire Warren Buffett, bought RC Willey in 1995, reportedly with $150 million in stock. According to a 1995 letter to shareholders, the chain's sales volume that year was $257 million.
Twitter: @PamelaMansonSLC