In Re Estate of Hall

193 So. 2d 587
CourtMississippi Supreme Court
DecidedFebruary 6, 1967
Docket44169
StatusPublished
Cited by4 cases

This text of 193 So. 2d 587 (In Re Estate of Hall) 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
In Re Estate of Hall, 193 So. 2d 587 (Mich. 1967).

Opinion

193 So.2d 587 (1967)

In re ESTATE of Mary Bailey HALL, Deceased.
Blanche S. HENDERSON et al., William J. Veazey et al.
v.
W.W. LATHAM, Jr., Administrator.

No. 44169.

Supreme Court of Mississippi.

January 3, 1967.
Opinion Clarified February 6, 1967.

*588 Alexander, Feduccia & Alexander, Cleveland, Troutt & Moore, Senatobia, Robert G. Johnston, Cleveland, for appellants.

John White Valentine, Cleveland, for appellee.

Opinion Clarified February 6, 1967. See 195 So.2d 94.

ROBERTSON, Justice:

This is an appeal from the judgment of the Chancery Court of the Second Judicial District of Bolivar County, Mississippi, holding that two long letters of the decedent, Mrs. Mary Bailey Hall, were testamentary in character and should be admitted to probate as the Last Will and Testament of decedent. The Chancery Court further held that under the provisions of these two letter-wills, Mrs. Blanche S. Henderson, a half-sister, and Mrs. Katherine Henderson Waldrop, a half-niece, were entitled to receive the income from the 80 acres of farm land and the home at Merigold, Mississippi, during their natural life, and that upon their death, these two properties would go into a charitable trust with the income therefrom being used to educate poor boys and girls of Bolivar County, Mississippi, in a Christian college. The Court also found that the evidence was insufficient to establish a trust, constructive or otherwise, on the Harrison County land and that it descended to the heirs at law in these proportions: 50% to Mrs. Blanche S. Henderson, 12 1/2% to William J. Veazey, 12 1/2% to Lamar M. Veazey, 12 1/2% to Morgan Veazey, and 12 1/2% to Bettye Jean Mangialardi.

*589 The principal appellants are Mrs. Blanche S. Henderson and her daughter, Katherine Henderson Waldrop, who assign as error: the failure of the chancery court to decree that the full fee simple title to the 80 acres of farm land and the home site in Merigold, Mississippi, is in them, and the failure of the court to establish a constructive or resulting trust on the Harrison County land in their favor.

After a thorough search and inquiry, no last will and testament of the decedent was ever found. These two long rambling letters, 25 legal-cap pages entirely in the handwriting of the decedent, the first letter dated July 15, 1946, and the second dated October 30, 1951 (or 1957), demonstrate to this Court that the decedent did not intend to die intestate and these letters, while in some respects vague, indefinite, and confusing, do express her intentions as to what she wants done with her property after her death. We think that the Chancellor was correct in finding them testamentary in character and we affirm his judgment in allowing these two letters to be probated as the last will and testament of the decedent.

After carefully considering the two letter-wills as a whole and from their four corners, it is clear to us that the primary, dominant and overriding purpose and intent of the decedent was to provide out of her estate not only the necessities of life, but the comforts also, for Mrs. Henderson and Mrs. Waldrop, the half-sister and half-niece with whom she had spent a goodly portion of her life.

The letter-will of July 15, 1946, addressed to Mrs. Blanche S. Henderson, contains much language clearly demonstrating this primary and overriding purpose. In speaking of Katherine Henderson Waldrop, who had been in and out of the Mississippi State Hospital, the decedent had this to say:

"I shall deny my self of all possible and as long as I can raise what necessary to give her privacy and all comfort possible — she shall suffer nothing and want for nothing in my power to give and you can let your mind be entirely at ease — you can know as long as I live all I can raise will go for Ks care and when I die my home and all in it is hers and yours — you can sell and buy one else where, but proceeds has to go in home cant be spent — this to insure a home as long as you both live — the rents from my two places has yearly payments, if I have not paid off debt before I die, taxes and up keep is yours & Ks as long as both live, either survivor gets all, as long as live."
"* * *"
"Home or rent from home or the home you buy should you & K. want to sell and buy elsewhere yours and K's or survivor as long as live, then unless home well paying property, better paying than some farm land would be, is to be sold and farm land bought and if you and K. preferred selling home and having rents from farm land you can sell home and buy land to rent." (Emphasis added.)

It is very apparent from the above language of the letter-will that the decedent was very much concerned with providing a home for her half-sister, Mrs. Henderson, and her half-niece, Mrs. Waldrop, a roof over their heads and a shelter from the storm, as it were. Other language of the letter-will of July 15, 1946, that sheds light on this overriding purpose is:

"I am going to have will re written to provide in case of your death before K. (I know as long as you live you will look after K's part) for K's income to be given to her monthly instead of all in lump sum when rents are collected or if in institution used for her comfort & care all to be paid to you as long as you live with you giving K. her share as needed, but when you die rents go in trust fund or under care of a Trust Bank to pay to her (K) if, as I hope, out of *590 an institution, if in, see to being used for her comfort & care and if more than needed for her let rest go to Jack's children —"
"* * *"
"You see as long as I live I will do all possible for K. and after I die I will continue to provide for her as long as she lives so only my losing all I have will prevent her from always being cared for and I do not believe God will let me lose all and if I do it will be lost because I was trying to make more to have for her." (Emphasis added.)

In the letter-will of October 30, 1951 (1957), the decedent had this to say about the matter that was on her mind all the time:

"The rent from all land I am able to leave is to go to you & K. for your life and after you two have died the rents will go, part to churches rest used for Christian (church school — any denomination but prefer a Methodist College) education of poor boys and girls as long as world stands.
"I hope to live to be free of debt and have more land so rents may be not less than $5,000.00 per year &c &c
"If I am able to have enough so that the rents would be more than necessary for comfortable living for you & K. or the survivor all above what would be necessary for comfortable living of you two will be applied on educational fund. * * *" (Emphasis added.)

Mrs. Hall, the decedent, was always the eternal optimist. There was no doubt in her mind that she was a good business woman, that she would expand her farming operations from year to year, and make a pile of money.

Then during her life time she would provide the necessities and comforts of life for the only family she ever really knew, the family that she had lived with from 1914 through 1923. She was especially anxious to do everything she possibly could for the daughter of the family, Mrs. Waldrop, the decedent always considering her as the daughter she never had.

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Related

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Bluebook (online)
193 So. 2d 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-hall-miss-1967.