Memorial Hospital at Gulfport v. Franzke

634 So. 2d 117, 1994 Miss. LEXIS 132, 1994 WL 84165
CourtMississippi Supreme Court
DecidedMarch 17, 1994
DocketNo. 91-CA-00673
StatusPublished
Cited by4 cases

This text of 634 So. 2d 117 (Memorial Hospital at Gulfport v. Franzke) 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
Memorial Hospital at Gulfport v. Franzke, 634 So. 2d 117, 1994 Miss. LEXIS 132, 1994 WL 84165 (Mich. 1994).

Opinion

SMITH, Justice,

for the Court.

This appeal arises from a decision of the chancellor in Harrison County Chancery Court in favor of Jon Franzke and the Estate of Betty Sims Franzke against the Memorial Hospital at Gulfport. The single issue of contention, before this Court on first impression, is this Court’s interpretation of Mississippi Code Ann. § 85-3-49 and § 91-1-21, in relation to the following situation: when a decedent dies leaving no surviving spouse, child or grandchild, yet the decedent has disposed of her previously exempt homestead property by making a will, is the homestead [118]*118exemption still valid as against unpaid claims against the decedent’s estate?

We note that the chancellor was concerned that the Hospital’s position was “exactly right.” Nonetheless, the chancellor ruled for the Estate for fear of being reversed by this Court since the law generally is liberally construed in favor of the party entitled to an exemption. The chancellor was correct that homestead exemption laws should be liberally construed favoring exemptionists; however, he failed to also note this Court’s directive that chancellors construe sensibly the homestead exemption statutes, Newton County Bank, Louin Branch Office v. Jones, 299 So.2d 215, 219 (Miss.1974). The lower courts need only concern themselves with that which is right and fair, applying the correct legal precedent of this Court to all cases in order that justice be had by one and all. The chancellor’s initial thoughts on the law were correct; yet, fear of reversal clouded the chancellor’s reasoning and resulted in an erroneous opinion. The chancellor failed to note that with the death of Betty Sims Franzke, there no longer was an exemptionist who could defeat the claim against the Estate’s supposed homestead property. The specific language of the statute does not continue a decedent’s homestead exemption for anyone other than a surviving spouse, children or grandchildren. Although Jon Franzke is the ex-spouse of the decedent, he does not fit into any of the categories that the statute allowed to continue claiming the exemption. We must reverse and render.

STATEMENT OF FACTS

The parties submitted a joint stipulation of facts to the chancellor. A summary of the stipulated facts submitted reveals the following relevant information:

1. The Petitioner, Jon Franzke, is an adult resident of St. Tammany Parish, Louisiana, presently residing at 1393 9th Street, Slidell, LA 70458.
2. Respondent, Memorial Hospital at Gulfport, is a community hospital duly organized and existing under the provisions of Section 41-13-10, et. seq., of the Mississippi Code of 1972, as amended.
3. Betty Sims Franzke departed this life on the 21st day of August, 1988, leaving her Last Will and Testament.
4. On October 31,1979, Joe T. Evans and Geni P. Evans conveyed to Betty S. Franzke real property, situated and being within the First Judicial District of Harrison County, Mississippi.
5. That, at the time of her death, the Deceased was a resident citizen of the State of Mississippi, and resided in a .dwelling upon the hereinabove described land in the First Judicial District of Harrison County, MS. Said land has an estimated value of $41,000.00, as of March 24, 1988.
6. That Betty S. Franzke was lawfully divorced from Jon W. Franzke on April 2, 1981, Cause No. 78,188 in the Chancery Court in the First Judicial District of Harrison County, MS.
7. That Betty S. Franzke did not remarry during her lifetime, and left no children or grandchildren surviving her. Jon Franzke has not resided in Mississippi at any relevant time and has not been a citizen of Mississippi at any relevant time.
8. That, on March 9, 1990, the Will mentioned above was admitted to probate and recorded, and Jon Franzke was appointed to serve as Executor of said Last Will and Testament.... The said Jon Franzke is now the duly appointed, qualified and acting Executor of the Last Will and Testament of Betty S. Franzke, Deceased.
9. That due and legal notice to the creditors of said Estate was given by publication and was in all respects in the manner and form required by law. (Publication dates omitted).
10. That, in response to the aforesaid notice to creditors, the following claims have been filed in this cause:
[119]*119[[Image here]]
Claim of South Central Bell in the sum of 17.56 c4
Claim of French Drugs in the sum of 133.56 co
Claim of Memorial Hospital in the sum of 11,359.80 ^
Claim of Jon and Sissy Franzke in sum of 3,184.58 to
TOTAL PROBATED CLAIMS 14,710.03
11. That, in connection with the purchase of the hereinabove described land, the Deceased assumed payment of a Promissory Note executed to Unifirst Federal Savings and Loan Association in the original principal sum of $28,000, with monthly payments commencing on August 1, 1978. Said Promissory Note had a principal balance as of the date of death of the Deceased on $24,982.13 and now has a principal balance of $23,801.99. Said Promissory Note is secured by that certain Deed of Trust, covering the land hereinabove described, and filed for record in the office of the Chancery Clerk in the First Judicial District of Harrison County, Mississippi.
12. That, Elna Daniel Sims predeceased Betty Sims Franzke, and under the provisions of Item Six of the Last Will and Testament of the Deceased, all of the property of the Deceased was devised and bequeathed to Jon Franzke, Executor.
13. The Board of Trustees of Memorial Hospital at Gulfport, is without knowledge sufficient to form a belief as to the correctness of the following matters, but does not contest their truth for the purposes of these proceedings:
a. That the Executor has made reasonably diligent efforts to identify persons having claims against the Estate, and has mailed a notice to persons so identified, at their last known address, informing them that a failure to have their claim probated and registered by the clerk of this court within ninety (90) days will bar such claim.
b. There was a true account of all the personal estate on hand, assets of every description, the land of the Deceased, and all debts due the Deceased.
c. That, under the terms of said Deed of Trust, and the Promissory Note secured thereby, in addition to the principal and interest payments provided for under the terms of said Promissory Note, a sum equal to ¾2 of the estimated ad valorem taxes and hazard insurance is required to be paid for the coming year. At the present time, the monthly installments required, including the principal, interest and estimated taxes and insurance premiums are in the sum of $396.00.
d. That, prior to opening this Estate, the Executor entered into a month-to-month tenancy with Ray Wilkinson, commencing on January 1, 1989, under the terms of which the above described house was rented for a sum of $350.00 payable on the first day of each month.

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Bluebook (online)
634 So. 2d 117, 1994 Miss. LEXIS 132, 1994 WL 84165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/memorial-hospital-at-gulfport-v-franzke-miss-1994.