In re Barrois

243 So. 3d 122
Louisiana Court of Appeal·Decided April 6, 2018·No. NO. 2017–CA–0560; NO. 2017–CA–0561·Published·Cited by 1 cases

Opinion

JUDGE SANDRA CABRINA JENKINS

This appeal arises from a dispute between the executors of two successions over the right to receive settlement payments for damage to oyster leases caused by the Deepwater Horizon oil spill in 2010. Appellant, Helen Scott Ehle Barrois ("Helen"), is the executrix of the succession of Antoinette Bernice Cognevich Barrois ("Bernice"). Appellees, Russell E. Barrois, Jr. and Kenneth B. Barrois, Jr. (the "Mancil Executors"), are the co-executors of the succession of Bernice's husband, Mancil Joseph Barrois ("Mancil"). Helen appeals the trial court's judgments: (1) granting the Mancil Executors' Motion for Summary Judgment; (2) denying her Motion for New Trial; and (3) denying her Exception of Prescription. For the reasons that follow, we amend the judgment granting summary judgment in favor of the Mancil Executors and, as amended, affirm. We also affirm the judgment denying Helen's Motion for New Trial, and the judgment denying Helen's Exception of Prescription.

FACTUAL AND PROCEDURAL BACKGROUND

The Barrois Successions

In 1930, Mancil and Bernice were married, and thereafter resided in Plaquemines Parish. In the 1960s and 1970s, during their marriage, Bernice applied for and acquired eight oyster leases from the State of Louisiana. In 1975, Mancil died testate, and in 1978, Mancil's succession (the "Succession of Mancil") was judicially opened in the 25th Judicial District Court for the Parish of Plaquemines. In 1981, Bernice died intestate, and in 1983, Bernice's succession (the "Succession of Bernice") was judicially opened in Plaquemines Parish. The two successions were consolidated in 1984. To date, both successions remain *125open. In forty years, no judgments of possession have been rendered.

Before Mancil's marriage to Bernice, he had been married twice, first to Melanie Bruney ("Melanie"), from whom he was divorced, and second to Flora Messimore ("Flora"), who predeceased him in 1929. There were four children born of Mancil's first two marriages. The Mancil Executors are the direct descendants of Mancil and his second wife, Flora. During Mancil's third marriage to Bernice, two children were born, Austin Francis Barrois ("Austin") and Bernita Joan Barrois ("Bernita").

In 1989, Austin was named sole administrator of Bernice's estate. In 1990, Bernita renounced her mother's succession, and all of Bernita's interest was adjudicated to her brother, Austin. Austin died testate in 2011, and bequeathed his entire estate to his wife, Helen. In 2012, Helen opened Austin's succession (the "Succession of Austin") in Plaquemines Parish, and was named independent testamentary executrix. In December 2014, Helen was named the independent executrix of the Succession of Bernice.

BP Oil Spill Settlement

In 2013, Helen retained attorneys to file a $384,000.00 claim with the Deepwater Horizon Claims Center ("BP Claims Center") for damage to the Barrois oyster leases caused by the BP oil spill in 2010. As of the date of the summary judgment at issue in this case, the BP Settlement Trust ("BP Trust") had paid Helen an initial disbursement of $384,000.00, and a second payment of $155,725.33, for a total of $539,725.33. Helen deposited these funds in her personal checking account. With these funds, Helen paid her attorneys $137,874.46 (20 percent), purchased a $200,000.00 annuity, and then depleted the remaining funds.1 Helen did not pay any of these BP settlement funds to the Mancil Executors.

Lawsuit by Mancil Executors

On April 1, 2014, the Mancil Executors filed a "Petition for Delivery of Funds and Property, for Accounting, for Declaratory Judgment, for Sequestration, for Damages and for Other Relief" (the "Petition") against Helen individually, and as the independent testamentary executrix of the Succession of Austin. In the Petition, the Mancil Executors asserted that, because the oyster leases were the community property of the Mancil and Bernice successions, Helen had: (1) wrongfully asserted full ownership of the oyster leases; (2) wrongfully converted monetary compensation owed to the Succession of Mancil; (3) wrongfully failed to turn over such compensation to the Succession of Mancil; and (4) wrongfully failed to account to the Succession of Mancil for proceeds derived from the oyster leases.

Motions for Partial Summary Judgment

In January 2015, Helen, individually, and as the independent executrix of the Succession of Bernice, filed a Motion for Partial Summary Judgment seeking a declaration that the oyster leases were the separate property of Bernice and, upon her death, were the separate property of *126the Succession of Bernice. In March 2015, the Mancil Executors filed a Cross Motion for Partial Summary Judgment seeking a declaration that the oyster leases were community property, and that the money derived from the oyster leases, including the BP settlement funds, were community property. The Cross Motion for Partial Summary Judgment further stated, "[i]f the Court grants partial summary judgment as requested, the Mancil Succession further moves the Court to order [Helen] to deliver one-half of all payments and distributions from [the BP settlement fund] to the co-executors of the Mancil Succession."

On April 10, 2015, the trial court granted the Mancil Executors' Motion for Partial Summary Judgment, and denied Helen's Motion for Partial Summary Judgment. In the judgment, the trial court decreed that the oyster leases acquired by Bernice during her marriage to Mancil were community property. The trial court, however, did not order Helen to pay the Mancil Executors one half of the BP payments. On April 21, 2015, the Mancil Executors filed a Motion to Amend and Supplement the Judgment, asking the trial court to order Helen to pay one half of the BP settlement funds to the Succession of Mancil. The trial court denied the motion pursuant to La. C.C.P. art. 1951, which authorizes amendment of judgments only to "alter the phraseology of the judgment, but not its substance, or to correct errors of calculation."

In May 2015, Helen appealed the April 10, 2015 judgment. The Mancil Executors filed an Answer to Appeal in which they asked the court to modify the trial court's judgment to instruct Helen to pay one half of the BP settlement funds to the Succession of Mancil.

Fourth Circuit: Oyster Leases Are Community Property

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In re Barrois, 243 So. 3d 122 (La. Ct. App. 2018).

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