Harris v. Johnson

767 So. 2d 181, 2000 Miss. LEXIS 151
CourtMississippi Supreme Court
DecidedJune 15, 2000
DocketNo. 1998-CA-01573-SCT
StatusPublished
Cited by2 cases

This text of 767 So. 2d 181 (Harris v. Johnson) 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
Harris v. Johnson, 767 So. 2d 181, 2000 Miss. LEXIS 151 (Mich. 2000).

Opinion

MILLS, Justice,

for the Court:

¶ 1. Robert L. Johnson (“Johnson”) died intestate on August 16, 1938, in Leflore County, Mississippi, at the age of 27. Though he was an apparent indigent at the time of his death, he left behind numerous musical recordings. His musical legacy of Mississippi blues recordings has gained interest and acclaim through the decades, resulting in the concomitant growth of his estate. Naturally, his heirs are now interested in his accomplishments.

¶ 2. Caroline Thompson (“Thompson”) was the last surviving sibling of Johnson. Thompson died testate on February 20, 1983, in Maryland. She devised her entire estate, including all rights and claims to the works of Johnson, to her grandson, Robert M. Harris, and her half-sister, An-nye Anderson, in equal shares.

¶ 3. On June 1, 1989, fifty-one years after Johnson’s death, his estate was opened in the Chancery Court of Leflore County, Mississippi. Two years later, on May 81, 1991, Johnson’s estate received its first royalty payments. The administrator, Willis Brumfield, subsequently filed a petition to determine heirship. On March 10, 1992, Claud L. Johnson (“Claud”), answered the petition, claiming to be the illegitimate son of Johnson. Claud was born on December 16,1931.

¶ 4. On June 22, 1992, the chancery court dismissed Claud’s claim to heirship, asserting his action was time-barred under Miss.Code Ann. § 91 — 1—15(d)(ii). This Court, however, reversed and remanded the case to the chancery court for a hearing on the merits of Claud’s claim to heir-ship. See In re Estate of Johnson, 705 So.2d 819, 823 (Miss.1996), cert. denied, Harris v. Johnson, 522 U.S. 1109, 118 S.Ct. 1037, 140 L.Ed.2d 104 (1998). On October 12-15, 1998, the chancery court conducted an evidentiary hearing to determine heirship, wherein it adjudicated Claud to be “the biological son and the sole heir at law of the decedent, Robert L. Johnson.”

¶ 5. Aggrieved by the chancery court’s decision, Robert Harris and Annye Anderson (hereafter “Appellants”) timely perfected this appeal.

STANDARD OF REVIEW

¶ 6. “Findings of a Chancellor will not be disturbed or set aside by this Court on appeal unless we are of the opinion the decision made by the trial court was manifestly wrong and not supported by substantial, credible evidence, or unless an erroneous legal standard was applied.” Sarver v. Sarver, 687 So.2d 749, 753 (Miss.1997). See also Pittman v. Pittman, 652 So.2d 1105, 1108 (Miss.1995).

DISCUSSION

I.

WHETHER THE CHANCERY COURT’S DECISION IS SUPPORTED BY CLEAR AND CONVINCING EVIDENCE

¶ 7. An illegitimate child may inherit through a natural parent when there has been an adjudication of paternity based upon clear and convincing evidence. Miss. Code Ann. § 91 — 1—15(3)(c)(1994). Appellants assert that the chancery court erred [183]*183in adjudicating Claud to be the biological son of Johnson. Specifically, they argue the court’s decision was not supported by clear and convincing evidence. Further, appellants contend that the witness testimony was contradictory, the chancellor’s decision was based on hearsay, and that no DNA evidence was presented at trial. After reviewing the record, we disagree and find the chancery court did not err by adjudicating Claud to be the biological son of Johnson.

¶ 8. At trial, Claud testified that he had been told from birth that Robert Johnson, the blues singer, was his father. Claud also testified that he remembers seeing Johnson at his home on two occasions and identified pictures of Johnson as the man he knew to be his father. Additionally, Claud testified that he abandoned his stepfather’s surname of Cain and began using the last name Johnson upon reaching adulthood, long before the estate was opened. Claud also presented his birth certificate, which had been on file with the Mississippi Bureau of Vital Statistics since 1931. It lists “R.L. Johnson, laborer” as Claud’s father.

¶ 9. Claud’s mother, Virgie Mae Cain, testified by video deposition that Robert Johnson was the father of her first born son, Claud, and that Johnson was the only man with whom she had been intimate at the time of conception. She further stated that Johnson came to see Claud after he was born. Virgie Mae’s testimony was corroborated by Pearlina Strickland, her childhood friend, who testified that it was general knowledge in the community that Johnson was Claud’s father. Mack Brown, Virgie Mae’s nephew, also testified at trial that he remembered seeing Johnson, Virgie Mae, and Claud together when Claud was a baby. Brown positively identified Johnson from a picture presented at trial and stated that it was general knowledge in the community that Claud was Johnson’s son.

¶ 10. Finally, Claud offered the deposition testimony of Eula Mae Williams, another childhood friend of Virgie Mae. The eighty-year old Williams testified that she and Claud’s mother were friends before, during, and after the time Virgie Mae became pregnant. Eula Mae testified that she and Virgie Mae grew up in the same crossroads community in Copiah County and, as young girls, attended community events together. They shared secrets and obviously relied upon one another for support and companionship. They were also prone to sneak out to “house parties” where they would listen to the music of various blues musicians. It was at one of these celebrations that Virgie Mae met Johnson. Contrary to Virgie Mae’s assertion that no one ever saw Johnson and her engage in sexual intercourse, Eula Mae testified that she did in fact see Virgie Mae and Johnson engage in sexual intercourse in the spring prior to Claud’s birth in December. The resulting courtship is best expressed by Eula Mae herself in response to pretrial questioning by attorney Victor McTeer, wherein Eula Mae described an incident where she, her boyfriend, Virgie Mae, and Johnson all went for a “walk” in the spring of 1931:

Q: All right, so you walked off the road, correct?
A: Right.
Q: And you started to kiss and do whatever people do?
A: M-hm.
Q: All right. Now, when you started that, what was Virgie and—
A: Doing the same thing we were.
Q: How do you know? You were sitting there watching them while you were—
A: We was both standing up.
Q: Oh, so both of you were standing up in the woods?
A: Sure, we was standing up out there in the woods.
[[Image here]]
[184]*184Excuse me, I haven’t finished yet. Virgie and Robert, were they kissing and standing up? O’
Right.
Was there ever a time when you were not looking at them?
Well, yes. ¡>
I see. Did you at any point in time remove your clothing? <©
Well, had to.

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Related

State v. Bass
4 So. 3d 353 (Court of Appeals of Mississippi, 2009)
In Re Estate of Johnson
767 So. 2d 181 (Mississippi Supreme Court, 2000)

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Bluebook (online)
767 So. 2d 181, 2000 Miss. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-johnson-miss-2000.