In Re Conservatorship of Williams

724 So. 2d 1022, 1998 WL 881763
CourtCourt of Appeals of Mississippi
DecidedDecember 18, 1998
Docket97-CA-00205 COA
StatusPublished
Cited by1 cases

This text of 724 So. 2d 1022 (In Re Conservatorship of Williams) 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
In Re Conservatorship of Williams, 724 So. 2d 1022, 1998 WL 881763 (Mich. Ct. App. 1998).

Opinion

724 So.2d 1022 (1998)

In the Matter of the CONSERVATORSHIP OF the Person and Estate of June D. WILLIAMS.
Essie Parker, Appellant,
v.
Clementine Parker, Appellee.

No. 97-CA-00205 COA.

Court of Appeals of Mississippi.

December 18, 1998.
Rehearing Denied March 3, 1999.

*1023 Rebecca C. Taylor, Wiggins, Attorney for Appellant.

William S. Murphy, Lucedale, Attorneys for Appellee.

BEFORE BRIDGES, C.J., HINKEBEIN AND KING, JJ.

HINKEBEIN, J., for the Court:

¶ 1. Essie Parker (Essie), as conservator for the person and estate of June Williams (June), appeals the George County Chancery Court's January 14, 1997 order denying Parker's petition for real estate proceeds, rent, and attorneys fees from Clementine Parker (Clementine), the long time care-giver of June. Essie assigns the following points of error to the Chancellor's decision:

I. THE CHANCELLOR ERRED IN FINDING JUNE D. WILLIAMS COMPETENT TO CONVEY INTEREST IN REAL PROPERTY.

II. THE CHANCELLOR ERRED IN PERMITTING CLEMENTINE AND SHARLENE PARKER TO USE FUNDS, SOCIAL SECURITY AND PROCEEDS FROM THE SALE OF REAL PROPERTY IN THE SUM OF $26,000 WITHOUT A GUARDIAN OR CONSERVATOR APPOINTED TO DISBURSE UNDER THE SUPERVISION OF THE CHANCERY COURT OF GEORGE COUNTY, MISSISSIPPI.

III. THE CHANCELLOR ERRED IN PERMITTING CLEMENTINE PARKER TO RESIDE ON THE PROPERTY OF THE INCOMPETENT AND FINDING THAT THE INCOMPETENT HAD A LIFE ESTATE IN AND TO THE REAL PROPERTY TO THE DETRIMENT OF THE INCOMPETENT.

IV. THE CHANCELLOR ERRED IN REQUIRING THE ORIGINAL PLAINTIFFS TO PAY COURT COSTS AND REASONABLE ATTORNEYS FEES INCURRED BY THE INCOMPETENT.

V. THE CHANCELLOR ERRED IN FINDING THE INCOMPETENT CONVEYED HER INTEREST IN AND TO THE REAL PROPERTY TO THE HEDEGAARDS FOR THE SUM OF $26,000.

VI. THE CHANCELLOR ERRED IN PERMITTING THE PARKERS TO EXPEND THE FUNDS OF THE INCOMPETENT WHEN THEY STOOD IN A FIDUCIARY CAPACITY WITHOUT PRIOR APPROVAL BY THE COURT.

VII. THE CHANCELLOR ERRED IN FINDING THE ORAL AGREEMENT BETWEEN THE PREDECESSORS IN TITLE OF JUNE D. WILLIAMS, MR. AND MRS. PRENTISS WILLIAMS, PERMITTING CLEMENTINE AND SHARLENE PARKER TO USE THE PROPERTY FOR MANY YEARS DID NOT VIOLATE THE STATUTE OF FRAUDS.

VIII. THE COURT ERRED WHEN IT ARBITRARILY ASSIGNED THE RENTAL VALUE OF $100 PER *1024 MONTH WITHOUT ANY EVIDENCE WHATSOEVER TO SUPPORT THIS RENTAL VALUE.

¶ 2. Holding these assignments of error to be without merit, we affirm the judgment of the chancery court.

FACTS

¶ 3. The record reveals that June, who is now in her fifties, was born mentally and physically disabled. In 1971, her late parents, Prentiss and Annie Williams, deeded her a life estate in their Lucedale home and approximately forty acres of land. Her parents also deeded the remainder to June's sister Sharlene Parker and her husband Clementine. There was apparently an oral understanding that Sharlene and Clementine would live in the home and care for June for the rest of her life. There seems to be no dispute that all members of the family were aware of this unwritten agreement. At the time, June was already living with the couple and for over twenty years she continued to share the home with Sharlene and Clementine and their children. The record reveals she was well treated and regularly taken for appropriate medical treatment for her various physical ailments. While June received a small monthly Social Security benefit of $330, it appears the bulk of her support was provided by Sharlene and Clementine. In 1980, the couple was forced to take out a ten thousand dollar Farmer's Home Administration loan to repair extensive storm damage to the home and property. The record contains photos which reflect the scope of the damage. In a 1989 document signed by Sharlene, Clementine, and purportedly June, approximately thirteen acres of the property was sold to H. Lee Hedegaard and his wife Beverly. The sale was made in order to pay off the loan to the Farmer's Home administration. The remaining sixteen thousand dollars from the sale was paid to Sharlene and Clementine but a later court ordered accounting shows the money went toward further repairs to the home as well as to provide for June. Several months after the sale, Sharlene died and Clementine's daughter Melonie Parker Aleman (Melonie) moved in to help her father care for June.

¶ 4. In April 1990, June's health deteriorated to the point where she had to enter a nursing home. She continues to reside there with her care paid for through Social Security and other government benefits, although there is the prospect she might have to return to live with Clementine and his daughter. In October 1990, June's sister Essie sought and obtained from the George County Chancery Court a conservatorship over June. Essie testified at trial that prior to being named conservator, she had seen June only a handful of times since 1970. In the chancellor's order from the case sub judice, he states his belief that the prior chancellor appointed Essie instead of Clementine out of an abundance of caution and out of fear of some conflict. Essie promptly had Clementine and Melonie enjoined from removing June from the nursing home. In the case sub judice, she sought to have Clementine pay June's estate the value of June's interest from the 1989 land sale, claiming that June had been incompetent to approve the sale. Essie also sought to have Clementine pay June's estate years worth of back-rent for the use of the Lucedale home. She also sought $8,444.69 in attorney fees.

¶ 5. On January 14, 1997, the chancellor denied the relief sought by Parker, although he did order Clementine to pay $100 per month rent while June was not actually living in the Lucedale home. The chancellor's order did find that June was mentally incompetent at the time of trial as well as when the conservatorship was created. However, the chancellor found that without any proof being offered to the contrary, June was mentally competent and understood the nature and consequences of her actions when she signed the warranty deed in the 1989 transaction. The order attributes June's declining physical and mental health since the execution of the warranty deed to her current mental incompetence. The chancellor also gave great weight to the sacrifice and love shown by Clementine, Sharlene, and their children in caring for June for more than two decades. He noted that June's other family members had failed to offer any assistance, financial or otherwise, in caring for her during the twenty-one years period. The chancellor *1025 found that the funds expended by Clementine and his family to provide for June far exceeded the meager amount June received from Social Security, and that the court "cannot place any value on the time and love expended on June."

DISCUSSION

I. THE CHANCELLOR ERRED IN FINDING JUNE D. WILLIAMS COMPETENT TO CONVEY INTEREST IN REAL PROPERTY.

V. THE CHANCELLOR ERRED IN FINDING THE INCOMPETENT CONVEYED HER INTEREST IN AND TO THE REAL PROPERTY TO THE HEDEGAARDS FOR THE SUM OF $26,000.

¶ 6. Since the assignments of error in issues one and five both deal with the chancellor's finding that June was competent to convey her interest in the real property, they will be addressed together. Essie argues that, based on the totality of circumstances, it was obvious that June was not competent in 1989 to convey her interest in the real estate and the chancellor's decision was in error. Clementine echoes the chancellor's order and asserts that it was supported by substantial evidence with no abuse of discretion or manifest error.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mary Elizabeth Brewer Jackson v. James E. Reed
203 So. 3d 4 (Court of Appeals of Mississippi, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
724 So. 2d 1022, 1998 WL 881763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-conservatorship-of-williams-missctapp-1998.