Green v. Woodall

593 So. 2d 471, 1992 Miss. LEXIS 2, 1992 WL 5408
CourtMississippi Supreme Court
DecidedJanuary 8, 1992
DocketNo. 89-CA-0993
StatusPublished
Cited by2 cases

This text of 593 So. 2d 471 (Green v. Woodall) 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
Green v. Woodall, 593 So. 2d 471, 1992 Miss. LEXIS 2, 1992 WL 5408 (Mich. 1992).

Opinion

HAWKINS, Presiding Justice,

for the Court:

Eva Nell Green has appealed from a decree of the chancery court setting aside the will of Hollis F. Woodall, her father, in which she was the sole beneficiary, on the ground that the presumption of undue influence arising from the will’s execution had not been dissipated. Because there was ample evidence to support the chancellor’s conclusion, we affirm.

FACTS

Hollis Woodall (Woodall), a widower and lifelong resident of Pike County, died February 2, 1988, leaving five natural children and an adopted son, namely: Hughlon Woodall, Hollis Farrell Woodall, Mavis La-velle W. McMorris, Eva Nell W. Green, Yvonne W. Wilson (his children), and Kenn Allen Stockman. Stockman was also the natural son of Yvonne W. Wilson and grandson of Woodall.

Following the death of his wife intestate, Woodall and the children were tenants in common on approximately 74 acres of Pike County land inherited from the late Mrs. Woodall. The children executed a quitclaim deed to Woodall on June 29, 1978, with the understanding and agreement with him that he would will the property to them in equal shares. On July 5, 1978, Woodall executed a will in which he left all six children twelve acres each of the realty, and as to the two acres on which his residence was situated, he directed it be appraised and sold at the appraised value to whichever child was interested in purchasing it. The proceeds from the sale were then to be divided equally between the children.

Woodall lived alone on the property until October, 1984. At that time, following prostate trouble for which he was hospitalized, he also suffered a severe stroke from which he almost died. Thereafter he was disabled.

When he was discharged from the hospital in November, 1984, he was completely bedridden. Having determined that their [472]*472father needed full-time care, the children decided that he should move in with Eva Nell, a licensed practical nurse. The family further agreed that Eva Nell would receive a weekly allowance of $360 from Woodall’s funds in a joint account in the names of Woodall, Hughlon, and Farrell. Woodall’s monthly Social Security checks and retirement checks from the railroad, where he had worked for many years, also were used for his care.

Woodall improved both mentally and physically during early 1985. Eva Nell bathed him; dressed him, cooked for him, helped him with his daily walk, paid his bills and handled his other affairs. Toward the end of 1985, the other children became concerned that Woodall’s funds were getting low. Eva Nell asked her brother, Farrell, then living in Louisiana, if he would consider buying Woodall’s house and use the money for their father’s care. Hugh-lon and Lavelle talked to their father about selling the house to Farrell and he agreed to sell. According to Lavelle, Woodall stated: “As far as I am concerned, ya’ll can divide up the rest of the property equally.” After discussing the sale with the other family members, Farrell decided to buy the property in November or December of 1985.

In December the family held a meeting with Woodall at his home about the sale of his property to Farrell. All of Woodall’s children gathered and waited for their father and Eva Nell to arrive. When they arrived, Woodall yelled at everyone that he was not going to sell his property and accused everyone except Eva Nell of stealing from him. Farrell told everyone that he would not buy the house and everyone left. A few hours later, Eva Nell called Hughlon and told him that Woodall had changed his mind and would sell the property to Farrell. In January, 1986, Woodall executed a deed to his residence and ten acres to Farrell and his wife, Mozelle,1 and the proceeds of the sale were used for his care and Eva Nell’s salary.

Soon thereafter, the other children learned that Eva Nell was not happy with Woodall’s 1978 will because it left a full child’s share to Stockman. Eva Nell had Richmond, a local attorney, draw up another will for Woodall which deleted Stock-man. Woodall balked at signing this will. According to Lavelle, Woodall came to her house crying, telling her that Eva Nell “talked to him worse than anybody ever talked to him in his life because he wouldn’t leave Kenn out of the will.”

Thereafter, Eva Nell’s relationship with her brothers and sisters worsened. They argued over how much money she should be paid. When the other children or other relatives visited Woodall, Eva Nell would most always remain in the room while they were visiting with him. Lavelle testified she heard Eva Nell tell Woodall that the other children did not care about him and only wanted his property.

On August 25, 1986, Woodall signed a document giving Eva Nell a general power of attorney. The attorney who prepared the power of attorney, Jerry L. Rushing, testified that Eva Nell called him and asked him to come see Woodall about a power of attorney. Rushing stated that when he went to Eva Nell’s house, Eva Nell told him that her father wanted to execute a power of attorney so that she could handle his business affairs. Rushing then talked to Woodall alone and explained to him what a power of attorney was and what Eva Nell would be able to do with it. Woodall said that he definitely wanted Eva Nell to have the power of attorney. Rushing prepared the power of attorney and Woodall executed it. None of the other children were told. When Lavelle learned of the power of attorney, she called Eva Nell, who would not talk about it, telling her that Woodall did not want to talk to her either.

The other children did learn that Eva Nell had secured a power of attorney over Woodall’s affairs, and filed a petition to have a conservator appointed for Woodall. This caused resentment and bitterness on [473]*473the part of Eva Nell and Woodall, and a suit was filed against the children by Woo-dall asking for actual and punitive damages. Gary Honea and Rushing shared office space, and Honea represented Woo-dall and Eva Nell in these proceedings.

On September 12, 1986, Woodall executed a new will which left his entire estate to Eva Nell and only love and affection to his other children. Rushing testified that a few days before the will was executed, Eva Nell called him and told him that Woodall wanted to discuss something with him. Later that day, Rushing stopped by Eva Nell’s house to talk to Woodall. Eva Nell told Rushing that her father wanted to execute a will. Rushing told Eva Nell that she and her son would have to leave the room before he would talk to Woodall about a will. Woodall then told Rushing that he wanted to execute a will and that he wanted to leave his entire estate to Eva Nell. Rushing then left the house and went back to his office to prepare a rough draft of the will.

A few days later, Rushing went back to Eva Nell’s house in order to talk to Woo-dall some more about the will. This time Woodall was the only person at the house. Rushing asked Woodall again how he wanted to leave his property in the will and Woodall stated that he wanted to leave his entire estate to Eva Nell. Rushing told Woodall that if he wanted to leave something to someone else, Rushing would keep the will in his safe deposit box and no one would know the contents of the will until Woodall’s death. Rushing then asked Woodall again to whom he wanted to leave his property in the will and he replied that he wanted to leave it all to Eva Nell.

On September 12, 1986, Eva Nell drove Woodall to Rushing’s office in order to execute the will.

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Bluebook (online)
593 So. 2d 471, 1992 Miss. LEXIS 2, 1992 WL 5408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-woodall-miss-1992.