Estate of Sylvester

631 So. 2d 614, 93 La.App. 3 Cir. 731, 1994 La. App. LEXIS 223, 1994 WL 28665
CourtLouisiana Court of Appeal
DecidedFebruary 2, 1994
Docket93-731
StatusPublished
Cited by11 cases

This text of 631 So. 2d 614 (Estate of Sylvester) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Sylvester, 631 So. 2d 614, 93 La.App. 3 Cir. 731, 1994 La. App. LEXIS 223, 1994 WL 28665 (La. Ct. App. 1994).

Opinion

631 So.2d 614 (1994)

ESTATE OF Oscar SYLVESTER.

No. 93-731.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.

*615 Clyde Fontenot, Christopher Brent Coreil, for James Warren Sylvester, etc.

J. Wendel Fuselier, for Beth Christ et al.

Before GUIDRY and YELVERTON JJ., and BERTRAND, J. Pro Tem.[*]

LUCIEN C. BERTRAND, Jr., Judge Pro Tem.

This suit stems from a controversy among the heirs of Oscar Sylvester, a businessman who died intestate on February 9, 1989. He was survived by two adopted sons, appellees *616 James Warren Sylvester and Lee Oscar Sylvester, hereinafter referred to as Jimmy and Lee. He was also survived by five grandchildren who are the children of Jerry Sylvester, a natural son who died in 1969. Subsequent to Oscar Sylvester's death, one of the grandchildren died, leaving a minor child who is represented in this succession by her mother. Appellants, the four grandchildren and one great-grandchild, will be collectively referred to herein as the grandchildren. Oscar Sylvester was also survived by his fifth wife, Annie Sylvester, who is not a party to the dispute before us, but who is the mother of appellee, Lee Sylvester.

In an effort to amicably settle the succession after years of apparently bitter negotiations, the heirs entered into a compromise agreement which was signed by all parties on March 30, 1992. One week later, a judgment of possession, which incorporated and referenced the terms of the compromise agreement, was rendered, and the heirs were put into possession of their shares of the estate which consisted primarily of significant cash, real estate, and stock.

The controversy presented in this appeal concerns an amendment to the judgment of possession which the trial judge granted after a contradictory evidentiary hearing. In essence, Jimmy and Lee sought to have the judgment amended because it evidenced an unequal distribution of estate assets due to the exchange of corporate stock and cash after the sale of certain real estate. Specifically, Jimmy and Lee had agreed to forego their shares of stock in Circle S Corporation in exchange for the cash value of the stock. All the heirs agreed in the compromise agreement that the cash would be distributed after the sale of what has been referred to as the Industrial Park property.

This dispute arose when the attorney for the grandchildren sent to Jimmy and Lee a proposed distribution of proceeds for the pending sale of the Industrial Park property. Jimmy and Lee testified that they had agreed to sell their stock to the grandchildren. Accordingly, they expected their cash to come from the grandchildren's share of the sale proceeds. Conversely, the attorney for the grandchildren proposed a cash distribution to Jimmy and Lee from the full sum of the sale proceeds, with an even distribution of the remaining proceeds to each of the three roots: Jimmy, Lee, and the grandchildren.

The mathematical difference in these two distributions is financially significant. Assuming the Industrial Park property sells for $210,000.00 and the Circle S Corporation stock is worth $87,922.00 ($1.00 per share), as suggested in the record, the following distributions can be made. Under the grandchildren's proposal, they receive 87,922 shares of stock and $50,461.78 (1/3 of the sale proceeds after Jimmy and Lee are given cash for their stock), while Jimmy and Lee each receive $29,307.33 as their share of the cash value of the stock, plus $50,461.78. The grandchildren's inheritance value, therefore, is $138,383.38, consisting of cash and stock, while Jimmy and Lee each have only $79,769.11 in cash.

Under the proposal by Jimmy and Lee, the property sale proceeds are divided equally in three, $70,000.00 to each root, and then the grandchildren pay Jimmy and Lee each $29,307.33 for their stock. The grandchildren are left with $11,385.33 in cash and stock worth $87,922.00, for a total inheritance value of $99,307.33. Jimmy and Lee each have $99,307.33 in cash.

As a result of this discrepancy, Jimmy and Lee filed a petition to amend the judgment of possession in which they sought a clarification of the method of distribution of the Industrial Park sale proceeds. After an evidentiary hearing, the trial judge ruled in favor of Jimmy and Lee and ordered an amendment of the judgment of possession. The trial judge found that the language of the compromise agreement upon which the judgment of possession was based did not reflect the true intent of the parties and was "obviously unclear and ambiguous and erroneous." Accordingly, both the compromise agreement and the judgment of possession were amended to provide for payment to Jimmy and Lee for their stock out of the grandchildren's share of the sale proceeds from the Industrial Park property.

*617 In this appeal, the grandchildren contend the trial judge erred in amending the judgment of possession because he was not legally authorized to do so. They argue the trial judge made a substantive change in the judgment in contravention of La.C.C.P. Art. 1951. They also argue the language of the judgment and compromise agreement was clear and unambiguous and accurately reflected their intentions in signing the documents. Accordingly, they vehemently oppose the position asserted by Jimmy and Lee and pursued this appeal seeking reinstatement of the original judgment of possession.

In order to resolve the issues raised in this appeal, it is necessary to briefly discuss the background from which this dispute arose. During the administration of this succession, the heirs did not get along and argued over a variety of issues. By February of 1992, negotiations had broken down to the point that no one was on speaking terms with anyone else.

Lynn Lejeune, who had been hired by the administrator to serve as secretary for the succession, took it upon herself to negotiate or attempt a settlement of the estate. She devised several proposals and discussed them informally and individually with the heirs, or their attorneys or representatives. When Jimmy and Lee were told by Lejeune that the grandchildren had agreed to buy their stock in Circle S Corporation, or that they could sell their stock to the grandchildren, it appeared that a settlement may be possible. Finally, on March 23, a proposed distribution of the entire estate was prepared by Lejeune and signed by Jimmy, Lee and Stella May, representing the grandchildren, which included the following language:

JWS/LOS [Jimmy and Lee] EACH RECEIVE $29,307.33 FROM THE SALE OF INDUSTRIAL PARK, ETC., BEFORE A DISTRIBUTION TO EACH ROOT.

Without realizing the import of this language, Jimmy and Lee signed the proposal. Stella May testified that she signed the proposal after Lejeune told her it included an "advantage" for the grandchildren. She said that a reduction in the grandchildren's share of the sale proceeds for payment to Jimmy and Lee would have been "totally unacceptable."

After the proposal was signed, Lejeune brought it to John Pucheu, attorney for the succession. Lejeune and Pucheu discussed the proposal and Pucheu then expeditiously drafted a compromise agreement, petition for possession, and judgment of possession, all of which were signed within the next two weeks. The compromise agreement states in pertinent part:

II. AGREEMENT TO SELL CERTAIN TRACTS OF LAND

* * * * * *

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Succession of Marie Therese Comeaux
Louisiana Court of Appeal, 2024
Succession of Malcom Lamar Murray
Louisiana Court of Appeal, 2023
In Re: Succession of Keith Thomas Rousselle
Louisiana Court of Appeal, 2020
Succession of Stanley Sam Hebert
Louisiana Court of Appeal, 2013
Jones v. Jones
86 So. 3d 25 (Louisiana Court of Appeal, 2012)
In Re Successions of Gurtner
982 So. 2d 952 (Louisiana Court of Appeal, 2008)
Succession of Delegal
813 So. 2d 1202 (Louisiana Court of Appeal, 2002)
Succession of Chatelain
788 So. 2d 620 (Louisiana Court of Appeal, 2001)
In Re Succession of Poland
784 So. 2d 701 (Louisiana Court of Appeal, 2001)
Succession of Villarrubia
680 So. 2d 1147 (Supreme Court of Louisiana, 1996)
Succession of Muse v. Rogers
672 So. 2d 1059 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
631 So. 2d 614, 93 La.App. 3 Cir. 731, 1994 La. App. LEXIS 223, 1994 WL 28665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-sylvester-lactapp-1994.