Howell v. May

983 So. 2d 313, 2007 WL 1747120
CourtCourt of Appeals of Mississippi
DecidedJune 19, 2007
Docket2005-CA-02259-COA
StatusPublished
Cited by13 cases

This text of 983 So. 2d 313 (Howell v. May) 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
Howell v. May, 983 So. 2d 313, 2007 WL 1747120 (Mich. Ct. App. 2007).

Opinion

983 So.2d 313 (2008)

Sharnee M. HOWELL and Chester Lee Howell "C.L." Howell, Appellants/Cross-Appellees,
v.
Pat MAY, Clayton May and Josie May Tidwell, Appellees/Cross-Appellants.

No. 2005-CA-02259-COA.

Court of Appeals of Mississippi.

June 19, 2007.
Rehearing Denied January 29, 2008.

*315 Thomas Henry Freeland, Charlie Gaines Baker, attorneys for appellants.

Phil R. Hinton, Corinth, attorney for appellees.

Before KING, C.J., IRVING AND ROBERTS, JJ.

*316 ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. This appeal originates from a chancellor's decision to set aside an inter vivos gift and to decline to set aside other inter vivos gifts. During her lifetime, Ann May deeded her home to her daughter, Sharnee Howell. Ann also gave Sharnee a $6,000 cash gift. Further, Ann gave Sharnee's two children $5,000 each. After Ann died, Sharnee's siblings sued and sought to set aside the deed and the cash gifts. The chancellor found that Sharnee had a confidential relationship with Ann and that Sharnee failed to adequately rebut the presumption of undue influence that resulted. Accordingly, the chancellor set aside Ann's deed to Sharnee. The chancellor did not set aside Ann's inter vivos cash gifts to Sharnee, Christy, or Chad. Sharnee appeals and the Mays cross-appeal. Finding no error, we affirm the chancellor's decision to set aside the deed. We also affirm the chancellor's decision to uphold Ann's cash gifts to her grandchildren and to Sharnee.

FACTS

¶ 2. This is a family dispute among siblings. Joe and Ann May were married for fifty-three years. They had four children — Sharnee, Pat, Clayton, and Josie.

¶ 3. Ann suffered from a number of ailments which required that she have daily assistance. Among other ailments, Ann suffered from osteoporosis, heart disease, kidney and bladder problems, pinched nerves, ruptured disks, and cataracts. Ann did not drive. She used a walker and, on occasion, a wheelchair. Joe assisted Ann with her daily activities until he passed away on September 18, 1999.

¶ 4. Approximately three months after Joe died, Sharnee and her family moved into Ann's home. By all accounts, Sharnee helped Ann perform her daily activities. Sharnee drove Ann to and from appointments with her doctors. Sharnee helped Ann convert her two individual bank accounts to joint accounts with rights of survivorship. According to Sharnee, Ann converted the accounts so that, in the event that Ann became unable to pay her bills, Sharnee could do so.

¶ 5. During April of 2000, Ann modified her estate. Approximately four months after Sharnee and her family moved in with Ann, Sharnee arranged an appointment for Ann to meet with attorney Eddie Hannaford, Jr. Hannaford had previously conducted loan closings for Sharnee. On April 11, 2000, Sharnee drove Ann to Hannaford's office. Sharnee and Ann met with Hannaford and, as a result of that meeting, Hannaford prepared some estate planning documents for Ann.

¶ 6. Two days later, Sharnee again drove Ann to Hannaford's office. Again, Sharnee and Ann met with Hannaford. Hannaford presented Ann with a will, a deed, a general power of attorney, and a durable power of attorney for health care. According to the will, Ann would leave all of her property, except a 1982 pickup truck, to Sharnee. Pursuant to the deed, Ann reserved a life estate in her property and otherwise transferred her real property, including her home, to Sharnee. As for the general power of attorney, by that document, Ann named Sharnee as her attorney in fact. Hannaford left Ann and Sharnee in his office so they could review the documents. Ultimately, Ann executed the deed, the will, and the two powers of attorney.

¶ 7. During February of 2003, Ann fell. She was bedridden from that point. Shortly afterwards, Ann was diagnosed with cancer. During the time that Ann was bedridden, she gave Sharnee $6,000 in cash. On the Thursday before Ann died, *317 Ann gave Christy and Chad each $5,000. Ann passed away on Sunday, April 27, 2003. According to Sharnee, Ann told her that she wanted her to have her wedding rings set after she died. Sharnee received Ann's wedding ring after Ann's funeral.

PROCEDURAL HISTORY

¶ 8. On October 6, 2003, the Mays filed suit in the Tate County Chancery Court. They sought to have Ann's inter vivos gifts to Sharnee set aside. The Mays later amended their complaint, added Sharnee's husband, C.L., and Sharnee's children, Chad and Christy, as defendants. By their amended complaint, the Mays requested that the chancellor set aside any of Ann's inter vivos gifts to Chad and Christy.

¶ 9. On April 30, 2004, the Howells responded to the amended complaint and filed a counter-complaint. By their counter-complaint, the Howells alleged that the Mays' complaint and amended complaint: (a) contained "numerous false, frivolous, and misleading allegations." (b) lacked "substantial justification," (c) was "groundless in fact and law, frivolous and/or vexatious in nature," and (d) was intended "to continue a course of intentional or reckless infliction of emotional distress" against them. Finally, the Howells claimed that the Mays, by their complaint and amended complaint, violated the Litigation Accountability Act of 1988 and M.R.C.P. 11(b).

¶ 10. The Mays responded to the Howells' counter-complaint and the matter proceeded to trial. Trial commenced on June 2, 2005, and continued through the next day.

¶ 11. On September 26, 2005, the chancellor rendered his opinion. The chancellor found that there was a confidential relationship between Ann and Sharnee but not between Ann and Sharnee's children. As such, the chancellor found that a rebuttable presumption of undue influence arose regarding Ann's inter vivos gifts to Sharnee, but not to Ann's gifts to Chad and Christy.

¶ 12. The chancellor then found that Sharnee failed to rebut the presumption of undue influence by clear and convincing evidence. As for Ann's wedding ring, the chancellor found that there was no evidence that Ann gave Sharnee her wedding rings during Ann's lifetime. Accordingly, the chancellor (a) set aside the deed to Sharnee, (b) set aside the inter vivos gift of Ann's wedding ring, (c) upheld Ann's $6,000 cash gift to Sharnee, and (d) upheld Ann's inter vivos cash gifts to Chad and Christy. On November 4, 2005, the chancellor filed his judgment. The Howells appeal the chancellor's decision to set aside the deed. The Mays cross-appeal and claim that the chancellor erred when he declined to set aside Ann's cash gifts to Sharnee, Chad, and Christy.

STANDARD OF REVIEW

¶ 13. We will not disturb a chancellor's findings of fact unless they are manifestly wrong or clearly erroneous, or unless the chancellor applied an erroneous legal standard. Wright v. Roberts, 797 So.2d 992 (¶ 14) (Miss. 2001). Moreover, we will not reverse if the chancellor's findings are supported by substantial, credible evidence in the record. Id.

ANALYSIS

I. WHETHER THE CHANCELLOR ERRED WHEN HE SET ASIDE THE DEED.

¶ 14. "The law in this state on fiduciary or confidential relationships and undue influence is well settled." Wright, 797 So.2d at 998 (¶ 16). "Its application has been made to both inter vivos and testamentary transactions." Id. In application *318 to inter vivos gifts, the question is generally a two-step process involving shifting burdens of proof. As for the first step, the burden is on the plaintiff who seeks to have a chancellor set aside an inter vivos gift.

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Cite This Page — Counsel Stack

Bluebook (online)
983 So. 2d 313, 2007 WL 1747120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-may-missctapp-2007.