In Re Estate of Hodges

807 So. 2d 438, 2002 WL 221874
CourtMississippi Supreme Court
DecidedFebruary 14, 2002
Docket2001-CA-00030-SCT
StatusPublished
Cited by22 cases

This text of 807 So. 2d 438 (In Re Estate of Hodges) 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 Hodges, 807 So. 2d 438, 2002 WL 221874 (Mich. 2002).

Opinion

807 So.2d 438 (2002)

In the Matter of the ESTATE OF Jeff A. HODGES, M.D., Deceased.
Mary Elizabeth Hodges, Administratrix
v.
Dr. Joan M. Hodges.

No. 2001-CA-00030-SCT.

Supreme Court of Mississippi.

February 14, 2002.

*440 Raymond L. Brown, Pascagoula, Attorney for Appellant.

Joseph R. Meadows, Gulfport, Attorney for Appellee.

BEFORE McRAE, P.J., EASLEY and GRAVES, JJ.

EASLEY, J., for the Court.

¶ 1. On June 24, 1997, the Chancery Court of Harrison County, Mississippi, entered a judgment of divorce on the grounds of irreconcilable differences in the matter of Joan M. Hodges v. Jeff A. Hodges, Civil Action No. C2402 96-1205. The divorce decree incorporated, by reference, the parties' property settlement agreement ("agreement"). The agreement was executed by Dr. D. Jeff A. Hodges ("Jeff") and Dr. Joan M. Hodges ("Joan") on June 24, 1997, and sworn to before a notary public. The agreement provided for alimony and made a provision for the maintenance of a life insurance policy. A dispute arose after Jeff's death regarding the alimony and, primarily, the life insurance provision. Mary Elizabeth Hodges ("Mary"), Jeff's wife at the time of his death, served as administratrix of his estate and filed as petitioner, Cause No. 99-167-GB, In the Matter of Jeff A. Hodges, M.D., deceased, ("Estate"), in the Chancery Court of Jackson County, Mississippi.

¶ 2. On behalf of the Estate, Mary made claim to part of the life insurance proceeds. A complaint for a temporary restraining order, other injunctive relief, an attachment of property and a judgment was filed by the Estate against Joan, the ex-wife, on August 13, 1999, in the Chancery Court of Jackson County. The chancellor executed an order of attachment and a separate temporary restraining order on August 13, 1999, against Joan.

¶ 3. On October, 1, 1999, Joan filed a petition seeking to place the disputed life insurance proceeds into an interest-bearing account at Merchants and Marine Bank in Pascagoula, Mississippi, until further order of the court. In return for placing the life insurance proceeds in an account, Joan sought to release the lien on her Jackson County property. The chancellor on October 22, 1999, ordered that the life insurance proceeds be placed into an interest-bearing account at the Merchants and Marine Bank in Pascagoula under the name of "Joan Hodges and the Estate of Jeff A. Hodges", subject to the jurisdiction and future order of the court and released the lien against Joan's property located in Jackson County.

¶ 4. Mary was recognized as Jeff's sole heir at law by the Chancery Court of Jackson County on October 18, 1999.

¶ 5. On September 22, 2000, a hearing was conducted by the chancellor. The chancellor on October 5, 2000, entered the ruling of the court finding in favor of Joan. An order was prepared and entered on October 10, 2000, formalizing the court's ruling entitling Joan to the insurance proceeds being held in escrow. On December 20, 2000, the trial court denied the Estate's Motion to Reconsider.

¶ 6. Having timely filed its notice of appeal on December 22, 2000, the Estate now appeals the ruling of the Chancery Court of Jackson County to this Court.

FACTS

¶ 7. Joan and Jeff were divorced by the Chancery Court of Harrison County, Mississippi, *441 on June 24, 1997, ending a long marriage, which began on June 30, 1973. Contemporaneous with entry of the Judgment of Divorce, Joan and Jeff entered into the agreement which was incorporated into the Judgment of Divorce. Among other things, the agreement addressed the issue of periodic alimony, which Jeff would pay Joan, and also made provision for the maintenance of life insurance policies by both parties.

¶ 8. The agreement provided that Jeff would pay Joan the sum of $4,000.00 per month in periodic alimony. Provision III provided as follows:

III.
The first payment shall be due on the first day of July, 1997, and a like amount on the first day of each month thereafter until such time as Wife shall die, remarry or further order of this Court.

¶ 9. The agreement also made provision for the maintenance of life insurance by both parties. With regard to the life insurance, the agreement provided the following:

Husband shall maintain his current policy of life insurance with Wife listed as a name beneficiary thereon for a sum not more than $164,000.00. Provided however, Wife's interest in the life insurance policy shall decrease at the rate of $4,000.00 per month beginning July 1, 1997, and a like amount each month thereafter so long as alimony is paid by Husband.
Wife shall maintain a policy of life insurance in the sum of $125,000.00 with Husband the name beneficiary. At such time as Wife's prorated interest in Husband's $200,000.00 life insurance policy is reduced to the sum of $125,000.00, then Wife's policy shall likewise be reduced at the rate of $4,000.00 per month with the payment of each alimony payment.

¶ 10. Jeff died intestate on May 18, 1999. At the time of his death, he was a resident of Jackson County, Mississippi. Joan had moved from Mississippi becoming a resident of New Jersey, but she still owned real property in Jackson County, Mississippi. Before his death, Jeff had timely made alimony payments to Joan, totaling $92,000.00. The $92,000.00 paid to Joan consisted of 23 alimony payments of $4,000.00 each.

¶ 11. Joan presented herself to AMA Provident Life Insurance Company as the beneficiary of all $200,000.00 of Jeff's life insurance proceeds, and she proceeded to retain the entire amount. Counsel for the Estate made several requests for the Estate's share of the life insurance proceeds under the terms of the agreement. Joan, however, refused to transmit the requested sum of $128,000.00 to the Estate.

¶ 12. Through attachment proceedings, these funds were subsequently paid into an interest-bearing escrow account waiting a ruling of the trial court. The trial court ruled that Joan was entitled to the entire $200,000.00.

¶ 13. On October 16, 2000, the Estate moved for rehearing, reconsideration and reversal of the trial court's order dated and filed in October, 2000. The trial court denied the Estate's motion for reconsideration on December 20, 2000. On December 22, 2000, the Estate timely filed its notice of appeal to this Court, and it raises the following issue:

I. Did the chancellor err in finding that Joan was entitled to the entire life insurance policy despite the parties' property settlement agreement?
A. Does the periodic alimony survive Jeff's death to bind his estate?
*442 B. Does the parties' property settlement agreement serve to limit Joan's interest in the life insurance proceeds?

DISCUSSION

¶ 14. This Court has repeatedly stated that it will examine the record and accept the evidence reasonable tending to support the findings made below, along with all reasonable inferences which may be drawn therefrom which favor the trial court's finding of fact. In re Estate of Taylor, 609 So.2d 390, 393 (Miss.1992). The chancery court is the trier of fact. Bryan v. Holzer, 589 So.2d 648, 659 (Miss. 1991). In Hill v. Southeastern Floor Covering Co., 596 So.2d 874, 877 (Miss.1992), this Court stated that the chancellor's findings will be upheld unless those findings are clearly erroneous or an erroneous legal standard was applied.

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Bluebook (online)
807 So. 2d 438, 2002 WL 221874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-hodges-miss-2002.