In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, Deceased: Robert Pearson, Dorothy Dye, Frank Pearson, Joe William Pearson, Emma Juanita Stembridge, Charlene "Lilli" Ellison, Jamie Lynn Hardin, Travis Hardin, David Gene Rogers, Thomas Clay Rogers, Patricia Byrd, John A. Pearson, Jr., and Rev. Mark Pearson v. Margaret Eubanks, St. Mary Catholic Church, and Jay Westfaul
This text of In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, Deceased: Robert Pearson, Dorothy Dye, Frank Pearson, Joe William Pearson, Emma Juanita Stembridge, Charlene "Lilli" Ellison, Jamie Lynn Hardin, Travis Hardin, David Gene Rogers, Thomas Clay Rogers, Patricia Byrd, John A. Pearson, Jr., and Rev. Mark Pearson v. Margaret Eubanks, St. Mary Catholic Church, and Jay Westfaul (In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, Deceased: Robert Pearson, Dorothy Dye, Frank Pearson, Joe William Pearson, Emma Juanita Stembridge, Charlene "Lilli" Ellison, Jamie Lynn Hardin, Travis Hardin, David Gene Rogers, Thomas Clay Rogers, Patricia Byrd, John A. Pearson, Jr., and Rev. Mark Pearson v. Margaret Eubanks, St. Mary Catholic Church, and Jay Westfaul) 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.
Opinion
IN THE SUPREME COURT OF MISSISSIPPI
NO. 2022-CT-00011-SCT
IN THE MATTER OF THE LAST WILL AND TESTAMENT OF MAMIE ELIZABETH PEARSON BRAY, DECEASED: ROBERT PEARSON, DOROTHY DYE, FRANK PEARSON, JOE WILLIAM PEARSON, EMMA JUANITA STEMBRIDGE, CHARLENE “LILLI” ELLISON, JAMIE LYNN HARDIN, TRAVIS HARDIN, DAVID GENE ROGERS, THOMAS CLAY ROGERS, PATRICIA BYRD, JOHN A. PEARSON, JR., AND REV. MARK PEARSON
v.
MARGARET EUBANKS, ST. MARY CATHOLIC CHURCH, AND JAY WESTFAUL
ON WRIT OF CERTIORARI
DATE OF JUDGMENT: 11/22/2021 TRIAL JUDGE: HON. PERCY L. LYNCHARD, JR. TRIAL COURT ATTORNEYS: J. HALE FREELAND D. BETH SMITH VICTORIA PRINCE RYALS WILLIAM R. SANDERS, JR. JEFFREY JUDE PADGETT JAY WESTFAUL S. TODD JEFFREYS RYAN REVERE COURT FROM WHICH APPEALED: PANOLA COUNTY CHANCERY COURT ATTORNEY FOR APPELLANTS: J. HALE FREELAND ATTORNEYS FOR APPELLEES: WILLIAM R. SANDERS, JR. RYAN REVERE S. TODD JEFFREYS JAY WESTFAUL NATURE OF THE CASE: CIVIL - WILLS, TRUSTS, AND ESTATES DISPOSITION: THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED. THE JUDGMENT OF THE PANOLA COUNTY CHANCERY COURT IS REVERSED AND REMANDED - 02/01/2024 MOTION FOR REHEARING FILED:
EN BANC.
CHAMBERLIN, JUSTICE, FOR THE COURT:
¶1. We agree with the Court of Appeals’ decision that the petitioners have standing as
well as its adverse impact analysis. We granted this petition for writ of certiorari solely to
address the “colorable interest” standard, which continues to be applied by the Court of
Appeals despite its clear abandonment by this Court. All other issues, including the final
disposition, are affirmed.
¶2. In Reeves v. Gunn, 307 So. 3d 436, 438-39 (Miss. 2020) (internal quotation marks
omitted), this Court did away with “colorable interest” standing. See Butler v. Watson (In
re Initiative Measure No. 65), 338 So. 3d 599, 605 (Miss. 2021) (“It is worth reiterating that
the Court recently abandoned the ‘colorable interest’ standard for establishing standing.”
(quoting Reeves, 307 So. 3d 438-39)). Despite this holding in 2020, and its clear affirmance
in 2021, the Court of Appeals has continued to cite colorable interest as a basis for
establishing standing. See Bridge Props. of Lafayette, LLC v. 1000 Jefferson, LLC, 366 So.
3d 930, 936 (Miss. Ct. App. 2023); Miller v. Bd. of Trs. of Second Baptist Church of
Starkville, 373 So. 3d 1017, 1027-28 (Miss. Ct. App. 2023) (Barnes, C.J., dissenting);
Holmes v. Lankford, 358 So. 3d 645, 651 (Miss. Ct. App. 2023); Bd. of Aldermen of
Tutwiler v. State Auditor, 371 So. 3d 190, 195 (Miss. Ct. App. 2023); Breland v. Turnage,
2 341 So. 3d 1021, 1027 (Miss. Ct. App. 2022); Foster v. Sunflower Cnty. Consol. Sch. Dist.,
311 So. 3d 705, 711 (Miss. Ct. App. 2021).
¶3. The colorable interest standard has been abandoned. Whether a party has a colorable
interest in the litigation is now irrelevant to the determination of whether a party has
standing. Such a standard is no longer supported by our caselaw and should not be relied on
in determining whether standing exists.
¶4. As the Court of Appeals correctly found, however, the petitioners here have standing
due to the adverse impact they would experience if the 2018 Will is probated over the 1991
Will. See Butler, 338 So. 3d at 605 (finding that the adverse impact approach to determining
standing has not been overturned). Accordingly, the judgment of the Court of Appeals is
affirmed. The judgment of the Panola County Chancery Court is reversed and remanded for
further proceedings.
¶5. THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED. THE JUDGMENT OF THE PANOLA COUNTY CHANCERY COURT IS REVERSED AND REMANDED.
RANDOLPH, C.J., KITCHENS, P.J., COLEMAN, MAXWELL, BEAM, ISHEE AND GRIFFIS, JJ., CONCUR. KING, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.
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In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, Deceased: Robert Pearson, Dorothy Dye, Frank Pearson, Joe William Pearson, Emma Juanita Stembridge, Charlene "Lilli" Ellison, Jamie Lynn Hardin, Travis Hardin, David Gene Rogers, Thomas Clay Rogers, Patricia Byrd, John A. Pearson, Jr., and Rev. Mark Pearson v. Margaret Eubanks, St. Mary Catholic Church, and Jay Westfaul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-last-will-and-testament-of-mamie-elizabeth-pearson-miss-2024.