Moncrief v. Succession of Armstrong

939 So. 2d 714, 2006 WL 2773697
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2006
Docket05-1584
StatusPublished
Cited by6 cases

This text of 939 So. 2d 714 (Moncrief v. Succession of Armstrong) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moncrief v. Succession of Armstrong, 939 So. 2d 714, 2006 WL 2773697 (La. Ct. App. 2006).

Opinion

939 So.2d 714 (2006)

Alice MONCRIEF
v.
SUCCESSION OF Leslie Thomas ARMSTRONG.

No. 05-1584.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

*715 David A. Rothell, Attorney at Law, Shreveport, LA, for Plaintiff/Appellant, Alice Moncrief.

Robert E. Plummer, Attorney at Law, Mansfield, LA, for Defendant/Appellant, Succession of Leslie Thomas Armstrong.

Court composed of Chief Judge ULYSSES GENE THIBODEAUX and Judges JIMMIE C. PETERS and J. DAVID PAINTER.

PETERS, J.

The plaintiff, Alice Moncrief, brought suit against the Succession of Leslie Thomas Armstrong (Succession), seeking compensation for services rendered to Mr. Armstrong before his death. The Succession answered her demands and reconvened against her, seeking to recover certain sums it claims Ms. Moncrief improperly took from Mr. Armstrong and/or his estate. After trial, the trial court rejected both the principal demand and the reconventional demand, and both Ms. Moncrief and the Succession have appealed. For the following reasons, we affirm the trial court's judgment rejecting Ms. Moncrief's demand, reverse the trial court's judgment rejecting the Succession's reconventional demand, and render judgment in favor of the Succession and against Ms. Moncrief in the amount of $79,000.00.

DISCUSSION OF THE RECORD

Most of the underlying facts giving rise to this litigation are undisputed. In April of 1998, Leslie Thomas Armstrong and his wife of forty years, Betty Armstrong, divorced. Prior to their divorce, the couple had amassed a comfortable estate, which they amicably divided. As a result of the property division, Mr. Armstrong acquired, among other assets, immovable property situated in Gatesville, Texas, and 250 shares of stock in A.L.M. Corporation, an Alaska pipeline company.[1]

*716 In June of 1998, Mr. Armstrong and Ms. Moncrief began living together in Mr. Armstrong's Texas home. At that time, Mr. Armstrong had retired from a career in pipeline construction work, mainly in Alaska, and Ms. Moncrief was employed as a nurse's aid. She remained employed for approximately one year after the couple began living together.

In September of 1998, Mr. Armstrong sold his Texas property and purchased a home on Toledo Bend Lake in Louisiana (sometimes hereinafter referred to as "the lake property"), which had previously been owned by Ms. Moncrief's father. The couple resided together on the lake property until Mr. Armstrong's death on September 5, 2003. During the five years the couple resided on Toledo Bend Lake, they traveled, fished on the lake, visited friends in both Louisiana and Texas, and generally enjoyed life together. These activities occurred despite the fact that, within one year after the couple began living together, Mr. Armstrong developed significant health problems. Initially, Mr. Armstrong's health problems related to his heart and resulted in two surgeries — one in 2000 and another in 2001. However, soon after developing heart difficulties, Mr. Armstrong was also diagnosed as suffering from cancer. He underwent surgery in 2001 for the removal of a malignant tumor in his lung and again in May of 2003 to remove a malignant tumor in his stomach. He lost his battle with cancer on September 5, 2003.

Despite his numerous hospitalizations and subsequent recovery periods, Mr. Armstrong maintained an active lifestyle, doing so even after being advised in the summer of 2003 that his cancer was terminal. In fact, in early August of 2003, Mr. Armstrong and Ms. Moncrief traveled to Alaska. However, while there, Mr. Armstrong became seriously ill and was transported on August 29, 2003, by air ambulance to the Christus Schumpert Hospital in Shreveport, Louisiana. Six days later he died in that hospital.

After Mr. Armstrong's last will and testament was submitted for probate, Ms. Moncrief brought suit against the Succession,[2] asserting that Mr. Armstrong had promised to compensate her for services rendered to him during the years they lived together. The Succession responded to the suit by filing an answer denying Ms. Moncrief's assertions and by filing a reconventional demand asserting that Ms. Moncrief improperly obtained certain funds belonging to the estate. The two-day trial on the merits began June 30, 2005. After completion of the evidence, the trial court took the issues under advisement and, on September 1, 2005, filed written reasons for judgment rejecting both the principal and reconventional demands. The trial court executed a judgment to that effect on September 6, 2005, and these appeals followed.

OPINION

Ms. Moncrief's Appeal

Mr. Armstrong executed his last will and testament on October 2, 1998, or some four months after he and Ms. Moncrief began living together. He did not mention Ms. Moncrief in that will. Instead, he named certain collateral relatives as his sole heirs in the event of his death. Nevertheless, Ms. Moncrief claims that Mr. *717 Armstrong promised to compensate her for the services she rendered to him during the time they lived together by leaving her all of his Louisiana and Alaska property at his death. By her suit, she seeks to enforce that claim. She bases her right to enforcement of the alleged promise on the decision in Succession of Joublanc, 199 La. 250, 5 So.2d 762, 764 (1941), wherein the supreme court stated:

One who renders valuable services to another on his promise that in his will he will compensate to the extent of the value of the services the party rendering them is entitled to collect their value from the succession of the party for whom the services were rendered if he dies without having fulfilled his promise.

There is no dispute but that Ms. Moncrief rendered valuable services to Mr. Armstrong during the time they lived together. She basically performed all the duties of a spouse, and, when Mr. Armstrong's health difficulties incapacitated him, she looked after his personal needs. Thus, the first question to be answered is whether the services rendered by Ms. Moncrief were in exchange for a promise that she would receive the Louisiana and Alaska property at Mr. Armstrong's death. In an effort to satisfy her burden of proof on this question, Ms. Moncrief testified and called seven[3] other witnesses (Jane Thornton, Sherry Laverne Wilson, Steve Moncrief, Fannie Faye Ortis, Sandra K. Cain, Laurie Rink, and Harry Dewayne Wilson) who testified concerning the extent of Mr. Armstrong's promises.[4]

Jane Thornton testified that she moved to Toledo Bend Lake in 2002, but had known Mr. Armstrong since 1993. She visited Mr. Armstrong and Ms. Moncrief at their Toledo Bend Lake home often and observed Ms. Moncrief's activities in cooking, keeping house, and caring for Mr. Armstrong's personal needs. According to Ms. Thornton, as early as 1999, Mr. Armstrong confided in her that he intended to leave Ms. Moncrief the lake property and that he intended to set up a bank account in Texas for her. With regard to the A.L.M. Corporation stock, Ms. Thornton testified that, in a conversation which occurred just before the couple left for Alaska in August of 2003, Mr. Armstrong told her that he wanted to leave that stock to Ms. Moncrief because her son lived in Alaska and because "he owed it to her."

Sherry Laverne Wilson is a hair dresser who lived on Toledo Bend Lake adjacent to Mr. Armstrong and Ms. Moncrief from the time they moved to the lake property until Mr. Armstrong's death. According to Ms. Wilson, on two or three occasions while she cut Mr. Armstrong's hair, she and he discussed the need for Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Acadian Gas Pipeline Sys. v. McMickens
263 So. 3d 524 (Louisiana Court of Appeal, 2018)
Malone v. Malone
77 So. 3d 1040 (Louisiana Court of Appeal, 2011)
Guidry v. GULF COAST COIL TUBING
24 So. 3d 1019 (Louisiana Court of Appeal, 2009)
David Guidry v. Gulf Coast Coil Tubing
Louisiana Court of Appeal, 2009
LAFAYETTE CITY CONSOL. GVMT. v. Entergy
975 So. 2d 177 (Louisiana Court of Appeal, 2008)
Betts v. Hoffman
975 So. 2d 200 (Louisiana Court of Appeal, 2008)
John Betts v. Richard Hoffman
Louisiana Court of Appeal, 2008

Cite This Page — Counsel Stack

Bluebook (online)
939 So. 2d 714, 2006 WL 2773697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moncrief-v-succession-of-armstrong-lactapp-2006.