Prout v. Williams

55 So. 3d 195, 2011 Miss. App. LEXIS 21, 2011 WL 135675
Court of Appeals of Mississippi·Decided January 18, 2011·No. 2009-CA-01099-COA·Published·Cited by 6 cases

Opinions

BARNES, J.,

for the Court:

¶ 1. This appeal involves the determination of the heirs at law of Floyd McIntosh. Floyd died intestate, survived by his widow, Cora Badgett McIntosh. Della Mae McIntosh is Floyd’s daughter, who was born out of wedlock before Floyd married Cora and who predeceased Floyd. Regarding the parties to this appeal, Olivia Prout is one of Della’s five children, and Thelma Williams is Cora’s niece and one of the heirs named in Cora’s will.

¶ 2. Williams filed a petition to adjudicate heirship in the Chancery Court of Simpson County after Della’s children filed a lawsuit claiming that they, as Della’s surviving heirs, should receive an interest in Floyd’s estate. The chancery court determined that Floyd never adopted Della and that during her lifetime, Della did not establish paternity; therefore, Floyd’s sole heir was Cora. Finding no error, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 3. In 1926, Della was born out of wedlock to Floyd McIntosh and Cletho Mahef-fay in Simpson County, Mississippi. The couple never married, and Della was their only child. On April 9, 1975, Della died intestate. She was survived by her father, Floyd, and her five children from two marriages: Olivia Prout, Linda Prout, Carolyn Prout, Edward Marvin, and Dwight Marvin. On August 1, 1979, Floyd died intestate. He was survived by his widow, Cora. No children were born of their marriage, and Cora bore no children during her lifetime.

¶4. Regarding Della’s right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91 — 1—15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent and distribution, provided that: (1) the natural parents married before the child’s birth; (2) there had been an adjudication of paternity or legitimacy before the death of [197] the intestate; or (3) there had been an adjudication of paternity after the death of the intestate. Miss.Code Ann. § 91 — 1— 15(3)(a)-(c) (Supp.1983 and 2010). For the latter action, an adjudication of paternity must be made within one year of the death of the intestate or within ninety days after the first publication of notice to creditors, whichever is less. Miss.Code Ann. § 91-l-15(3)(c) (Supp.1983 and 2010). Section 91-1-15(3) also created a three-year “catch-up period” from July 1, 1981, to July 1, 1984, when illegitimates could maintain actions to establish rights in estates where the decedent had died prior to July 1, 1981. Robert Weems, Mississippi Practice Series: Wills and Administration of Estates in Mississippi § 1:10 (3d ed.2003). Section 91-1-15’s provisions thus apply to Olivia’s claim since Floyd died in August 1979. However, there was no adjudication of Floyd’s heirs before his death or within the time prescribed by statute following his death. On July 1, 1984, the statutory three-year catch-up period of section 91-1-15(3) expired for any possible illegitimates of Floyd to maintain an action to establish rights to his estate.

¶ 5. On May 16, 1983, Cora deeded one acre of property in Simpson County to Loyal Smith by warranty deed, which was duly recorded in the land records of Simpson County. In November 1994, Cora died testate. Williams was one of the beneficiaries of Cora’s will. Olivia now claims that Cora’s conveyance in 1983 constituted fraudulent concealment because Cora did not have full ownership of the property: Floyd’s interest in the property was conveyed without notice or compensation to the heirs of Floyd, and Cora did not determine Floyd’s heirs at law. Additionally, Olivia claims Cora improperly conveyed the remaining interest in the property through her will to Williams and Williams’s two children. Olivia concludes that Cora acted as an administratrix1 de son tort and tolled any statute of limitations.

¶ 6. On September 15, 2008, Williams filed a petition for adjudication of heirship. Named as defendants were the known and unknown heirs of Floyd and Della and also Della’s five children (Olivia, Linda, Carolyn, Edward, and Dwight). The petition was filed in response to a lawsuit filed in chancery court by Della’s five children, which claimed that since Della died intestate, they are her surviving heirs; therefore, they should receive Della’s share of Floyd’s estate. In Williams’s petition, however, she claimed that the time for which illegitimates might assert their status as heirs at law had passed according to the statute of limitations provided in section 91 — 1—15(3)(c). In March 2009, the chancellor held a hearing to determine Floyd’s heirs at law. Olivia, Williams, and Helen McIntosh O’Neil (Floyd’s niece) testified.

¶ 7. On June 17, 2009, the chancellor issued a final judgment, finding that Floyd never adopted Della, and Della never established paternity during her lifetime; therefore, Floyd’s sole heir-at-law was Floyd’s widow, Cora. Olivia timely filed a notice of appeal.

STANDARD OF REVIEW

¶ 8. A limited standard of review is applied to appeals from chancery court. Miller v. Pannell, 815 So.2d 1117, 1119 (¶ 9) (Miss.2002). It is well established that an appellate court “will not disturb the factual findings of a chancellor unless [198] such findings are manifestly wrong or clearly erroneous.” Estate of Dykes v. Estate of Williams, 864 So.2d 926, 930 (¶ 9) (Miss.2003). “If there is substantial evidence to support the chancellor’s findings of fact, those findings must be affirmed.” Id. Questions of law are reviewed de novo. Id. For an illegitimate to recover as an heir of a decedent’s estate, he or she must prove that heirship exists by clear and convincing evidence. In re Estates of Davidson, 794 So.2d 261, 265 (¶ 10) (Miss.Ct.App.2001) (citing Miss.Code Ann. § 91 — 1—15(3)(c) (Rev.1994)).

ANALYSIS OF THE ISSUES

¶ 9. Olivia raises two issues. First, Olivia claims the chancery court erred in ruling that Della was not legitimized during Della’s lifetime to be Floyd’s daughter and that the sole hem of Floyd is Cora. Second, Olivia argues that Cora acted as an admin-istratrix de son tort when she executed and delivered the 1983 warranty deed, thereby tolling any statute of limitations for the legitimization of Floyd’s heirs at law. We shall discuss each issue in turn.

1. Whether Cora was the Sole Heir-at-Law of Floyd.

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Prout v. Williams, 55 So. 3d 195, 2011 Miss. App. LEXIS 21, 2011 WL 135675 (Mich. Ct. App. 2011).

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