Estate of Blount v. Papps

611 So. 2d 862, 1992 WL 357212
CourtMississippi Supreme Court
DecidedDecember 3, 1992
Docket90-CA-1001
StatusPublished
Cited by15 cases

This text of 611 So. 2d 862 (Estate of Blount v. Papps) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Blount v. Papps, 611 So. 2d 862, 1992 WL 357212 (Mich. 1992).

Opinion

611 So.2d 862 (1992)

ESTATE OF Joe Eron BLOUNT: Eva Blount Penick, Individually and as Executrix; Mary Blount Walker, Dorothy Blount Funderburke and James Blount
v.
Sandra W. PAPPS, as Conservator of Ava Frances Blount.

No. 90-CA-1001.

Supreme Court of Mississippi.

December 3, 1992.
Rehearing Denied February 11, 1993.

*863 John P. Fox, Houston, for appellant.

Trent L. Howell, Water Valley, for appellee.

Before ROY NOBLE LEE, C.J., and BANKS and McRAE, JJ.

BANKS, Justice, for the Court:

Here we are urged to overturn the lower court's construction of a testator's will which found that the testator intended to leave his wife fee simple title in all his monetary assets, note payments, and all other personal property to the exclusion of the testator's children by a former marriage. Finding that the chancellor applied the law appropriately and had a substantial basis in the evidence for his findings of fact we affirm.

I.

This case came before this Court from the Yalobusha County Chancery Court. There, Sandra W. Papps, Conservator of the widow, Ava Frances Blount, filed a petition seeking construction of the will of her deceased husband, Joe Blount. Ava sought to have the court construe that Blount left her a fee simple title to all his personal property. Blount's natural children, Ava's stepchildren, along with the First Baptist Church, filed a response, contending that Ava received only a life estate to the personal property and that upon her death, the estate is to pass to them. The pertinent language in the will is:

Paragraph 3: I then will, devise and bequeath to my wife Ava Francis Blount, a life estate in all of the real property that I own at my demise, for my wife to have the use, rents and profits from all of my real property. I will, give and devise unto my wife, ... all of my personal property of every kind whatsoever and wheresoever located to have and use and dispose of as she sees fit.
Paragraph 4: Then at the termination of the life estate of my wife, ... I will, give, devise and bequeath unto our children: Mary Blount Walker, Dorothy Nell Blount Funderburke, and Eva Joe Blount Penick, a one-fourth interest each of my real, personal and mixed property, whatsoever and wheresoever located, to share and share alike.
Paragraph 5: I then, will, devise and bequeath unto Turkey Creek Church, Calhoun County, Mississippi, a one-eighth interest, and the First Baptist Church, Water Valley, Mississippi, a one-eighth interest of my property, real, personal and mixed, whatsoever and wheresoever located.

The chancellor found that Ava took a fee simple title in and to all of Blount's money, note payments, and all other personal property to the exclusion of the children of his first marriage and the churches, subject only to the payment of debts and administrative fees and expenses. Additionally, the chancellor found portions of Blount's will, namely paragraphs 4 and 5, indefinite and unclear because they conflicted with the clear, decisive and unambiguous language of paragraph 3. Moreover, the chancellor held:

Under paragraph 3 the decedent devised a life estate to his wife, Ava ... in and to all of his real property. In the second sentence in paragraph 3, he then bequeathed all of his personal property, which would be the balance of his estate, to his wife, Ava to have and use and dispose of as she sees fit. The second sentence of paragraph 3 ... was an absolute bequest to Ava ... of all of the decedent's personal property in fee simple *864 absolute, which would include everything he owned at the time of his death, including his interest in the promissory note executed by the Phillips. And, as there was no real property, with the exception of mineral interests, owned by [Blount] at the time of his death passing under the terms of [Blount's] will, the first sentence of paragraph 3 is of no effect.

The chancellor further held that paragraph 4 purported to give three of Blount's children a remainder interest in and to Blount's personal property, as well as his real property, which it could not do since Blount had already made an absolute gift of his personal property to Ava instead of a life estate.

Aggrieved, Eva Blount Penick, as executrix, along with the other children filed this appeal. The two churches have not joined in the appeal. The appellants raise the following issues:

I. Whether the intent of the testator has been ascertained and given effect by the Court with the Will construed (sic) which is most consistent with the testator's intent.
II. Whether the intent of the testator should control where the Will is ambiguous and the attorney that drafted the Will testified unequivocally that the intent of the testator was to create a life estate in his widow with the remainder to his natural children and his churches.
III. Whether the Court should adopt the construction that will render a charitable gift valid.
IV. In the alternative, whether the beneficiary who took benefits under a mutual will, should be estopped to repudiate the contract to leave the residue of the estate to the natural children and churches of the testator.

II.

Joe Blount was twice married. To his first union with Lillian Blount, six children were born; two are deceased and the remaining four are appellants in this case. In 1946, Joe divorced his first wife and shortly thereafter married Ava. There were no children born to this second marriage.

The Blounts owned a farm bordering on the Sharkey and Yazoo County line where they resided. In July 1960, Joe and Ava purchased fifty acres as tenants in common in Yalobusha County. On October 17, 1978, Joe executed a will which was attested by Ben Horan, the drafting attorney, and Charlotte Grass, Horan's secretary.

At trial, Grass testified that she only remembered bits and pieces of the execution of the will. She remembered that both Joe and Ava were present, but could not remember the actual execution of the will itself. Likewise, Horan's memory escaped him on certain matters. He was unable to recall whether Ava was present for the execution, but remembered that Joe's intent was to leave Ava the real and personal property during her life time with the property passing to the named beneficiaries at the termination of her life.

On December 29, 1978, the Blounts sold their farm to John F. Phillips, III and Chatham H. Phillips. As part of the consideration, the Blounts received a promissory note in the original principal amount of $293,270, bearing interest at the rate of eight (8%) percent per annum, and being payable in fifteen annual installments. The first installment was to be in the amount of $32,458.78 with the remaining successive payments in the amount of $34,258.06. The note was secured by a deed of trust on the farm.

The remaining assets of the Blount estate included $65,000 in certificates of deposit. The Blount's real property consisted of a house and lot located on one-and-one-half (1.5) acres of land. The Blounts held this land as tenants by the entirety with the right of survivorship by deed executed December 14, 1983, five years after the will in question. After Joe's death on February 3, 1989, Ava Blount remained on the property. The house was the only real property left at the time the Blounts executed the 1983 deed. All other property had been previously sold. By the time Joe died, Ava had suffered a stroke and was unable to *865

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Cite This Page — Counsel Stack

Bluebook (online)
611 So. 2d 862, 1992 WL 357212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-blount-v-papps-miss-1992.