Estate of White v. White

152 So. 3d 342, 2014 WL 1190245, 2014 Miss. App. LEXIS 163
CourtCourt of Appeals of Mississippi
DecidedMarch 25, 2014
DocketNo. 2012-CA-01083-COA
StatusPublished
Cited by1 cases

This text of 152 So. 3d 342 (Estate of White v. White) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of White v. White, 152 So. 3d 342, 2014 WL 1190245, 2014 Miss. App. LEXIS 163 (Mich. Ct. App. 2014).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. Anita White sued her stepson, Charles Thomas White (Tommy), and claimed that the DeSoto County Chancery Court should set aside two quitclaim deeds, so the properties they described could pass through the estate of Tommy’s father, Charles William White (Bill). To memorialize an earlier partnership-dissolution agreement, Tommy had used his authority under a power of attorney to transfer title to the properties from Bill to himself. Anita sought to set those quitclaim deeds aside, so they could pass to her under the residuary clause of Bill’s will. Anita had raised the same claim in an earlier consolidated complaint, but she neglected to obtain a ruling on her claim. Consequently, the chancellor found that the doctrine of res judicata applied, and granted Tommy’s motion for summary judgment. Anita appeals. She claims the chancellor erred when he granted Tommy’s motion for summary judgment. According to Anita, res judicata does not apply under the circumstances. Anita also claims that the chancellor should have granted her own motion for summary judgment. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. This appeal centers on a family business that began with Bill, who was born on September 8, 1925. In 1945, Bill was discharged from the United States Navy. He began working for a petroleum-distribution business. In the time that followed, Bill married Jeannette Hum-phreys White. They had four children, including Tommy, who was born on June 12, 1946. In 1950, Bill went into business for himself. Two years later, Bill built his first “service station” in Water Valley, Mississippi.

¶ 3. Tommy began working for his father at a young age. According to Tom.my, he prepared his first sales-tax return when he was ten years old. Approximately fifty years ago, Bill formed the C.W. White Partnership with Tommy. The purpose of the partnership was to buy real property to “enhance the sale of petroleum products.” In 1972, the partnership bought its first of many parcels of real property. The partnership built a convenience store on that property. Over time, the partnership acquired additional properties in Water Valley, Charleston, and Batesville, Mississippi. The partnership established additional convenience stores on those properties. In 1977, Bill and Tommy formed C.W. White Incorporated.1 The corporation bought what Tommy described as a “bulk plant” in Sardis, Mississippi. Tommy’s brother, John White, became involved with the corporation after he was discharged from the United States Navy. Having earned a degree in accounting from the University of Mississippi, Tommy worked out of the corporation’s headquarters in Water Valley,-while John assumed “the logistical day-to-day transportation operation of running the trucks” out of the bulk plant at Sardis. Tommy’s sisters, Rebecca and Virginia, were likewise involved with what Tommy described as “the family business.” Although Bill “retired” to some extent during 1991, he remained involved in the businesses by acting as a consultant.

¶4. In September 1997, Bill’s wife, Jeannette, died. The next month, Bill [345]*345spontaneously gave Tommy a document conveying a general power of attorney in the event that Tommy ever needed to handle any of Bill’s affairs. Tommy placed the document in a safe.

¶ 5. Approximately two years later, Bill contacted Anita, whose husband had passed away. Bill and Anita had been high-school classmates. Eventually, Bill and Anita discussed marriage. Because they each had children from previous marriages, they signed a prenuptial agreement during February 2000.2 On April 24, 2000, Bill and Anita were married.

¶ 6. Five years later, Bill decided to formally dissolve his partnership with Tommy. The dissolution agreement stated that Bill intended to transfer all of the partnership’s property and assets to Tommy. Tommy paid Bill approximately $42,600 as compensation. But apparently due to an oversight, no one had deeds prepared to effectuate or memorialize the partnership’s transfer of real property to Tommy.

¶ 7. Bill’s health began to deteriorate during early 2009. In January 2009, Bill had to be hospitalized in the intensive-care unit at Baptist Memorial Hospital. While Bill was in the hospital, his children and Anita disagreed regarding Bill’s health care. According to Tommy, “Anita seemed to feel like ... it would be better to let [Bill] ... die than it would be to sustain him.” A flurry of legal maneuvering followed. Tommy’s brother, John, successfully obtained a temporary restraining order against Anita to prevent her from making health-care decisions for Bill. Anita later had the temporary restraining order set aside.

¶8. Meanwhile, Tommy consulted an attorney and realized that because the dissolution agreement had not been filed, there was no public record regarding the partnership’s transfer of property. Tommy utilized the 1997 power of attorney to execute and record quitclaim deeds confirming the transfer of real property from the partnership to himself. Tommy filed the quitclaim deeds during January 2009. The quitclaim deeds are the subject of the present appeal.

¶ 9. On February 6, 2009, while he was still hospitalized, Bill signed an advanced-health-care directive. Bill also gave Tommy power of attorney for health care. But three days later, Anita had Bill sign documents revoking everything he had signed just three days earlier. Anita also had Bill revoke the power of attorney that he had given Tommy in 1997. Additionally, Anita had Bill sign documents giving her durable power of attorney and durable power of attorney for his health care.

¶ 10. Later that month, Anita sued Tommy. She demanded that Tommy “return all assets belonging to [Bill] that [Tommy had] transferred ... to himself and third parties from October 15,1997, to February 9, 2009.” In other words, Anita demanded that Tommy return title to the property that he had transferred via the quitclaim deeds. Anita also wanted Tommy to be enjoined from disposing of any other property that belonged to Bill.

¶ 11. Approximately one week later, Tommy filed a conservatorship petition. Anita responded and argued that Tommy was unfit to act as Bill’s conservator. She also repeated her challenge to the property transfers. Anita also successfully moved to consolidate her lawsuit with Tommy’s conservatorship petition. In [346]*346May 2009, the chancellor entered an agreed order appointing W.E. Davis, the DeSoto County Chancery Clerk, as Bill’s conservator.

¶ 12. Bill died approximately one month later.3 Davis filed a petition seeking discharge as Bill’s conservator, and the authority to transfer funds to Bill’s estate. Davis never challenged the property transfers that Tommy effectuated. No one objected. The chancellor discharged Davis in August 2009. Davis tendered the proceeds of Bill’s bank account to Bill’s estate.

¶ 13. However, no one addressed the fact that Anita’s lawsuit had been consolidated with Tommy’s conservatorship petition. Anita never sought to schedule a hearing on the matter, and she neglected to secure a judgment on her complaint. Nor did she object to Davis’s request to waive an accounting, despite the fact that she had demanded an accounting in her own petition, and in her response to Tommy’s petition to be named as his father’s conservator. Likewise, Anita did not object to Davis’s statement that Bill’s bank account was the only asset that he had gathered while acting as Bill’s conservator.

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Related

Anita White v. Charles Tommy White
152 So. 3d 314 (Mississippi Supreme Court, 2014)

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Bluebook (online)
152 So. 3d 342, 2014 WL 1190245, 2014 Miss. App. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-white-v-white-missctapp-2014.