Lee Augustus McGriggs, Sr. v. Mac Arthur McGriggs

192 So. 3d 350, 2015 Miss. App. LEXIS 674, 2015 WL 8770168
CourtCourt of Appeals of Mississippi
DecidedDecember 15, 2015
Docket2014-CP-01400-COA
StatusPublished
Cited by2 cases

This text of 192 So. 3d 350 (Lee Augustus McGriggs, Sr. v. Mac Arthur McGriggs) 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
Lee Augustus McGriggs, Sr. v. Mac Arthur McGriggs, 192 So. 3d 350, 2015 Miss. App. LEXIS 674, 2015 WL 8770168 (Mich. Ct. App. 2015).

Opinions

WILSON, J.,

for the Court:

¶ 1. Alfred. McGriggs passed away on January 22, 2014, and three days later, his body was buried on his family’s land in Claiborne County. The uncontradicted testimony of those close to. Alfred was that the location of his burial was precisely in accord with his wishes.

¶ 2. One of Alfred’s twelve siblings, Lee Augustus McGriggs Sr,, objected to Alfred’s body being interred on the family land. Lee took this intra-family dispute to chancery court, filing a pro se petition to exhume Alfred’s - body. - Lee’s petition named as defendants two of his siblings, MacArthur McGriggs (“Mac”) and Lenora McGriggs Wilkes (“Lenora Wilkes”).' The petition alleged that Alfred’s burial “was a violation- of the cemetery laws of the State of Mississippi,” and it asked the court to order Alfred’s body to be exhumed and moved to the cemetery wheré the siblings’ .parents were buried.

¶ 3. Thé casé proceeded to a trial on the merits where the parties were allowed great leeway to present testimony and evidence. The chancellor found that Alfred’s burial did not violate state law and so denied the petition. Because the chancellor ruled correctly and the record discloses absolutely no reason ' for disturbing Alfred’s remains, we affirm.

FACTS

¶4. In the 1940s, Sampson McGriggs and his wife Lenora acquired a sixty-two-acre tract of land in Claiborne County. Sampson farmed some or all of the land during his lifetime, and he and Lenora had thirteen children, including Alfred and the litigants in this case, Sampson died in 1994, and Lenora died in 1999. Both, were buried at the Seven Star Cemeteiy in Uti-ca, as was one of their children.

¶ 5. During Lenora’s burial, a dispute or misunderstanding arose. The cemetery claimed that the family owed a .$500 fee, and someone parked a bus in the entrance to the cemetery in order to prevent the burial of Lenora’s body until the fee was paid. This incident clearly caused some of her children to have hard feelings toward the cemetery.

■- ¶ 6. Sampson and Lenora were survived by twelve of their children. There was some testimony at’trial that a will was [352]*352drafted for Sampson, but the will was never probated if it was even valid. Nor does it appear that there was ever a judicial determination of heirs. Lee says that there are thirty-six living heirs to the “Sampson McGriggs estate,” consisting of the eleven living siblings and twenty-five “second generation heirs.” However, there is nothing in the record to support or explain this assertion.

¶ 7. Alfred McGriggs was born in 1943. He moved away from Mississippi as a young man and worked for General Motors for thirty-four years before retiring in Kansas City around 2006. After Alfred retired, his brother Mac “picked him up in Kansas” and brought him back to Claiborne County, where he lived on or near the family land. About two years later, Alfred moved to Biloxi, where he lived with Mac.

¶8. Mac, Lenora Wilkes, Alfred, their sister Mary McGriggs Moore, and their brothers David McGriggs and Rev. Prank McGriggs took primary responsibility for the upkeep and maintenance of the family property at different times before and after their parents died. This required Lenora Wilkes to travel frequently to Claiborne County from her home near Houston, Texas. Mac and Alfred also regularly drove up from Biloxi to mow and do other chores on the property. Mary purchased a tractor and Mac bought a bush hog for use on the property. Lenora Wilkes, Mac, Alfred, Mary, and other siblings paid taxes and other expenses related to the property at different times over the years.

¶9. Lee, a college professor, lives in Houston, Texas. He acknowledged that he has not assisted with the upkeep or maintenance of the property over the years. In 2013, Lee began paying the property taxes, although he admitted that no one had asked him to do so and that there were no delinquent taxes on the property. At trial, Lee testified that he intended to continue paying the property taxes and would establish some sort of trust that would continue to pay the taxes for “200 years.” Lee acknowledged that at the time of Alfred’s death, he did not have much of a relationship with his siblings, including Alfred. He did not agree with their “lifestyles” and felt they had brought “dishonor” on their parents.

¶ 10. Alfred died in Biloxi on January 22, 2014. His body was prepared for burial by a funeral home in Biloxi and then transported back to Claiborne County. On January 25, he was buried near some cedar trees on his family’s land. Five of his siblings — Mac, Lenora Wilkes, Mary, Frank, and David — testified that this was where Alfred wanted to be buried. Their testimony regarding Alfred’s wishes was uncontradicted.

¶ 11. On February 10, 2014, Lee filed a pro se “Petition to Exhume the Body of Alfred McGriggs from the Sampson McGriggs Estate.” The petition alleged that Alfred’s burial on the property “was a violation of the cemetery laws of the State of Mississippi” and purportedly sought “the protection of property rights of all heirs to the Sampson McGriggs Estate.” Lee also filed a letter that purported to be from his sister Hattie McGriggs Jones and stated that she “jointed]” Lee and another sister, Bessie O. McGriggs Dorsey, in asking the court to exhume the body. The letter contains numerous accusations of wrongdoing by the defendants, most of which have absolutely nothing to do with this case. The letter was neither sworn nor notarized,1 and neither Hattie nor Bessie testified.

[353]*353¶ 12. Lee subsequently filed letters that purported to be from Alfred’s widow (Frieda McGriggs) and two children in New York. These three letters also purport to join in Lee’s petition. The letters are notarized but do not purport to be affidavits and are not sworn.2 None of these individuals appeared or testified at trial, nor were any of the letters offered or introduced into evidence at trial.

¶13. The court heard testimony on March 11 and June 16, 2014.3 With the feuding siblings proceeding pro se and cross-examining one another and other family members, the chancellor had his hands full keeping order and avoiding detours into irrelevant family disputes. As a result of the chancellor’s admirable patience, some pertinent facts did emerge, including those already noted above.

¶ 14. Lee claimed that Alfred was still “legally married” to Frieda, but he produced no evidence of the marriage, he admitted that they had been separated for “many years,” and he could not remember Frieda’s maiden name. Lee’s wife admitted that Alfred never heard from Frieda anymore. The defendants denied that Alfred and Frieda were legally married, and all parties agreed that Alfred had a relationship and lived off and on with another woman after he returned to Claiborne County. It also appeared that Alfred had not seen his children in decades. And, again, neither the purported widow nor the children testified at trial.

¶ 15. As noted above, Lee’s petition alleged that Alfred’s burial violated state law. In particular, Lee allege a violation of Mississippi Code Annotated section 41-43-1(2) (Rev.2013). At multiple points in the hearing, the chancellor sought to focus the parties’ attention by reminding them that the legality of the burial was the sole issue before the court. When he did, no one objected or suggested that there were other relevant issues.

¶ 16.

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Bluebook (online)
192 So. 3d 350, 2015 Miss. App. LEXIS 674, 2015 WL 8770168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-augustus-mcgriggs-sr-v-mac-arthur-mcgriggs-missctapp-2015.