Matter of Estate of Dedeaux

584 So. 2d 419, 1991 WL 149335
CourtMississippi Supreme Court
DecidedJuly 31, 1991
Docket90-CA-0216
StatusPublished
Cited by8 cases

This text of 584 So. 2d 419 (Matter of Estate of Dedeaux) 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
Matter of Estate of Dedeaux, 584 So. 2d 419, 1991 WL 149335 (Mich. 1991).

Opinion

584 So.2d 419 (1991)

In the MATTER OF the ESTATE of H. Howard DEDEAUX, Deceased.
Gary DEDEAUX, Mike Dedeaux, Vaughn Dedeaux, Laveda Camp and Ruth Dedeaux Oswalt
v.
Kay Dedeaux.

No. 90-CA-0216.

Supreme Court of Mississippi.

July 31, 1991.

Hunter M. Gholson, Aubrey E. Nichols, Gholson Hicks & Nichols; Columbus, for appellant.

Thomas B. Storey, Jr., A.M. Edwards, Edwards Storey Marshall & Helveston, West Point, for appellee.

Before HAWKINS, P.J., and PITTMAN and McRAE, JJ.

HAWKINS, Presiding Justice, for the Court:

Michael, Gary and Vaughn Dedeaux, the sons of H. Howard Dedeaux, joined by their mother, Mrs. Ruth Dedeaux Oswalt and Laveda Camp, have appealed the decree of the chancery court of Clay County construing a holographic will of Dedeaux's to leave his entire estate to Kay Dedeaux, the stepmother of the sons. We find the chancellor followed well-settled principles in construing the will and affirm.

FACTS

Dedeaux, a chiropractor in West Point and father of three grown sons, Michael, Gary and Vaughn, married Kay Dedeaux on October 23, 1983. Dedeaux and his first wife, the mother of the sons, were divorced. Dedeaux had a combination secretary/receptionist/office manager named Laveda Camp, with whom he had a very *420 good relationship. Dedeaux also enjoyed a good family relationship with his three sons. He had owned an interest in their businesses at one time or another, and they owned some West Point realty as tenants in common.

On July 3, 1984, Dedeaux prepared a holographic will. He died on September 21, 1989.

Upon the petition of Kay Dedeaux, the will was admitted to probate. She then filed a petition to construe the will, naming as defendants the three sons. They in turn filed an answer and counterclaim (later joined by their mother and Laveda Camp) asking the court to set aside the will because of being "contrary, inconsistent and inexplicable," and if not, to construe its provisions so that the items of personalty and realty therein would go to the sons.

A photostated copy of the instrument is attached as an appendix. It reads as follows:

7/3/84
Last Will & Testament of H. Howard Dedeaux
It is my desire that if I should preceed [sic] my wife Kay in death that all of my earthly possessions be received by her.
Should she preceed [sic] me in death; or should we die together; or at her death I would like to leave the following possessions as listed:
Kay's house on Eshman be left to her son, Michael and daughter, Beth. The sum of $10,000 be left to Beth & Michael ($5,000 each). The second car, at this writing a 1981 Honda Accord be left to Beth and Michael equally. All of Kay's personal possessions be left to her children and divided equally, including her furniture, jewelry, clothes; etc.
All of my gold, silver, stock, cash, personal possessions including clothes, furniture, etc. be divided equally between my 3 sons, Michael, Vaughn & Gary. At this writing 3 bank boxes are ours, Bank of Miss. W.P., First National Bank, W.P. My car, golf cart & all other things to be divided equally between my sons. The one exception is that should my first wife, Ruth desire any of these above possessions, she may have any or all of them.
My clinic building and property is to go to my son Vaughn, however as long as she wishes Laveda Camp will rent it at a fair amount set my [sic] her to another person, preferably a chiropractor so that she may work for him — all inside equipment and the practice shall go to my secretary, Laveda Camp. My wishes is [sic] that she secure a chiropractor to run the practice. She be his CA and she get above a C.A.'s salary (about 20% of gross income) and she set the amount of rent Vaughn is to receive from the D.C. — at this writing about $700.00/month.
Laveda Camp is to be the executor of my estate and shall receive the sum of $5,000.00 from my estate. This is to be only should Kay not be living at my death or at Kay's death. My half of the airplane is to go to my son, Gary. My portion of the boat is to go to my son, Mike. All of my rental property, which includes Briarwood and the Miller Ave. apartments are to [sic] left to my 3 sons equally I would suggest forming a partnership for the purpose of owning and maintaining them.
At my death it is my desire to be cremated and my ashes be flown to about 8000 feet above ground and strewn to the wind. I would prefer the pilot be either Gary or a friend of mine. This may be over any wooded area.
Being of sane mind, I would appreciate the above being followed.
s/H. Howard Dedeaux 7/3/84 Witness s/Laveda Camp

Following hearing, the chancellor found the instrument to be the genuine will of Dedeaux's, and that by its terms it left all his property in fee simple to his widow Kay Dedeaux. He further decreed Kay Dedeaux "is now the owner of assets owned by H. Howard Dedeaux, deceased, whether the same be real, personal or mixed."

The sons have appealed.

*421 LAW

Upon appeal there is no claim of error in the chancellor's holding that the instrument admitted to probate was in truth and in fact the will of Dedeaux's.

The appellants do claim that the document was so ambiguous that it should be set aside, citing two Kentucky cases, Whitehead v. Donnelly, 368 S.W.2d 337 (Ky. Ct. App. 1963), and Smith v. White, 378 S.W.2d 622 (1964). We find no merit to this assignment.

The remaining assignments are all focused on the single contention that the will was erroneously construed.

It was not the function of the chancellor nor is it of this Court to determine a just and fair disposition of Dr. Dedeaux's estate, but instead to respect his intent. Yeates v. Box, 198 Miss. 602, 609, 22 So.2d 411, 413 (1945), Stovall v. Stovall, 360 So.2d 679, 681 (Miss. 1978), Matter of Estate of Vick, 557 So.2d 760, 765 (Miss. 1989). And in determining his intent in this case, we are restricted to the four corners of the will itself. Rice v. McMullen, 207 Miss. 706, 731, 43 So.2d 195, 202 (1949); Lanham v. Howell, 210 Miss. 383, 386, 49 So.2d 701, 702, cert. denied, Lanham v. Howell, 342 U.S. 834, 72 S.Ct. 57, 96 L.Ed. 631 (1951).

The first paragraph of the document headed "Last Will and Testament of H. Howard Dedeaux" reads as follows:

It is my desire that if I should preceed [sic] my wife Kay in death that all of my earthly possessions be received by her.

There can be but little doubt that if this is all the instrument stated, his widow Kay would have been deemed the sole legatee and devisee under his will, and would have taken all.

When Dr. Dedeaux wrote "all of my earthly possessions" we cannot avoid concluding he meant everything he owned. Others might write it differently yet with no clearer meaning. And just as clear is that by "received" Dr. Dedeaux meant for Kay to get "all my earthly possessions." Kay and no one else was to be the recipient of all his property. Moreover, that Dr.

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Bluebook (online)
584 So. 2d 419, 1991 WL 149335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-estate-of-dedeaux-miss-1991.