Bridges v. Shields

2011 Ark. 448, 385 S.W.3d 176, 2011 Ark. LEXIS 543
CourtSupreme Court of Arkansas
DecidedOctober 27, 2011
DocketNo. 11-69
StatusPublished
Cited by6 cases

This text of 2011 Ark. 448 (Bridges v. Shields) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridges v. Shields, 2011 Ark. 448, 385 S.W.3d 176, 2011 Ark. LEXIS 543 (Ark. 2011).

Opinion

ROBERT L. BROWN, Justice.

liThis case involves the question of whether appellant, Curtis Bridges, had a curtesy interest in a settlement award involving his deceased wife, Hazel Mae Frazier. The circuit court rejected Bridges’s claim. We affirm.

The facts of this case are undisputed. Hazel Mae Frazier, who had been married three times, connects all the parties in this case. Her second husband, Elree Frazier, Sr., died on September 17, 2001, after taking a medication named Vioxx. Mr. Frazier had no known relatives or descendants, except for Ms. Frazier and seven stepchildren. After Mr. Frazier’s death, Ms. Frazier married Bridges.1

On April 28, 2007, Ms. Frazier died, leaving behind her husband, Bridges, and her seven children, who are the stepchildren of Elree Frazier. On August 20, 2007, ^approximately three months after Ms. Frazier’s death, Glen Shields, one of the stepchildren, filed a Petition for Authority to File a Wrongful Death Claim against Merck Co., Inc., the manufacturer of Vioxx, on behalf of Mr. Frazier. A probate order authorizing Shields to file a claim on behalf of the Estate of Elree Frazier, Sr., was filed on September 4, 2007. Subsequently, Shields obtained a $123,846.71 settlement with Merck on behalf of the Estate of Elree Frazier, Sr.

Because Mr. Frazier’s only known relatives at the time of his death were Ms. Frazier and his seven stepchildren, the settlement proceeds were funneled into the Estate of Hazel Mae Frazier for distribution to Mr. Frazier’s seven stepchildren. On November 30, 2009, Shields filed a petition to have himself appointed administrator for Ms. Frazier’s estate. An estate was opened for Ms. Frazier on December 7, 2009, the sole asset of which was the Merck settlement money. An order appointing Shields administrator was entered on December 14, 2009. After publication of the opening of Ms. Frazier’s estate, Bridges filed a claim with the Circuit Court of Cleveland County, probate division, stating that he was entitled to receive one-third of the proceeds obtained from the Merck settlement because of his curte-sy interest.

On December 31, 2009, an order authorizing the partial distribution of proceeds from Ms. Frazier’s estate was entered. That order found that Ms. Frazier had inherited $123,846.71 from her deceased husband, Elree Frazier. The order stated that those funds had been recovered pursuant to a wrongful-death action filed against Merck. The order further stated, albeit incorrectly, that the decedent, Ms. Frazier, left eight children. The order, however, | .^provided that Shields, as personal representative, was to distribute $7,740.42 to the eight children. Bridges was listed as one of the eight recipients. On May 14, 2010, the circuit court entered a second order that modified the partial distribution of Ms. Frazier’s estate. In this order, the seven children each received $8,846.19. Bridges was not included in this distribution.

On July 16, 2010, Bridges filed an affidavit in support of his claim against Ms. Frazier’s estate. In his affidavit, he asserted that the estate owed him $41,278.10 as his curtesy interest. On July 27, 2010, Shields, as administrator of Ms. Frazier’s estate, moved for summary judgment and contended that Bridges was not entitled to any of the Merck settlement proceeds. Shields emphasized that the wrongful-death claim had not been pursued until after Ms. Frazier’s death. He further claimed that when Ms. Frazier died, she was not seized and possessed of those proceeds as Arkansas law required, and, therefore, Bridges did not have a curtesy interest. Bridges answered and pointed out that when Ms. Frazier died, she had a vested property right to sue and recover damages for the wrongful death of Mr. Frazier. Bridges further maintained that Ms. Frazier had a chose in action, which is recognized as a property right in Arkansas. He argued, as a final point, that the first order dated December 31, 2009, awarding him $7,740.42 from the settlement proceeds, was binding on Ms. Frazier’s estate and had not been set aside.

On October 19, 2010, the circuit court entered an order granting Shields’s motion for summary judgment. After setting out the undisputed facts, the court first focused on Arkansas’s dower and curtesy statute, which provides: “If a person dies leaving a surviving |4spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (½) part of the personal estate whereof the deceased spouse died seized or possessed.” Ark. Code Ann. § 28-11-805 (Repl.2004). The circuit court next stated that the issue before the court was whether Hazel Mae Frazier was seized and possessed of the Merck settlement proceeds at the time of her death.

To make that determination, the circuit court next looked to two cases referenced in the annotations to section 28-11-305. The first case was Mulhollan v. Thompson, 13 Ark. 232 (1853). The circuit court noted that in Mulhollan, this court held that a widow is not entitled to dower in the choses in action belonging to the estate of her deceased husband. The second case the circuit court adduced was Hill’s Administrators v. Mitchell, 5 Ark. 608 (1844), which held that the statute entitling a widow to dower in her husband’s personal estate does not include choses in action.

After citing these two cases, the circuit court discussed what constitutes a chose in action. Quoting from Gregory v. Colvin, 235 Ark. 1007, 363 S.W.2d 539 (1963), the circuit court determined that a chose in action means “literally a thing in action, and is the right of bringing an action, or a right to recover a debt or money, or a right of proceeding in a court of law to procure the payment of a sum of money or a right to recover a personal chattel or sum of money by action.” Id. at 1008, 363 S.W.2d at 540. The circuit court concluded that in the instant case, Ms. Frazier held a “classic chose in action” but that she was not seized and possessed of any proceeds that were subsequently obtained by Mr. Frazier’s estate as required by section 28-11-305. The circuit court added that because Ms. Frazier’s estate | ^served as a mere conduit for the passage of assets from Mr. Frazier’s estate, Bridges acquired no curtesy interest in those assets.

Bridges raises one issue in his appeal and that is whether the circuit court correctly granted summary judgment against him on the basis that he had no curtesy interest in the Merck settlement proceeds. The standard of review used by this court in reviewing a grant of summary judgment is well settled. Summary judgment is to be granted by a trial court only when it is clear that there are no genuine issues of material fact to be litigated and the moving party is entitled to judgment as a matter of law. Sykes v. Williams, 373 Ark. 236, 239-40, 283 S.W.3d 209, 213 (2008). The question for this court to decide is whether the circuit court ruled correctly on the question of law presented.

The first step in answering this question is determining whether the circuit court correctly ruled that Ms. Frazier had a chose in action in the Merck settlement proceeds. If she did not have a chose in action, then she could not have been seized and possessed of the Merck settlement funds.

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Bluebook (online)
2011 Ark. 448, 385 S.W.3d 176, 2011 Ark. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-shields-ark-2011.