Rousseau v. Rousseau

910 So. 2d 1214, 2005 WL 2141205
CourtCourt of Appeals of Mississippi
DecidedSeptember 6, 2005
Docket2004-CA-01469-COA
StatusPublished
Cited by7 cases

This text of 910 So. 2d 1214 (Rousseau v. Rousseau) 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
Rousseau v. Rousseau, 910 So. 2d 1214, 2005 WL 2141205 (Mich. Ct. App. 2005).

Opinion

910 So.2d 1214 (2005)

Donna F. ROUSSEAU, as Executrix of the Estate of Robert Louis Rousseau, Deceased, Appellant,
v.
Christopher Louis ROUSSEAU and William Derek Rousseau, Appellees.

No. 2004-CA-01469-COA.

Court of Appeals of Mississippi.

September 6, 2005.

*1215 Dennis W. Voge, Tupelo, attorney for appellant.

Wayne Doss, William M. Beasley, Tupelo, attorneys for appellees.

Before KING, C.J., BARNES, and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. The chancellor decreed that specific real property had not been disposed of by the testator's will, and that a specific bequest of shares of stock had been adeemed by extinction. The chancellor further decreed that the title to the specific real property, and the value paid to the testator *1216 after his death for his inter vivos transfer of title to the shares of stock, were to pass according to the law of intestate succession. Finding no error, we affirm the chancellor's decree.

STATEMENT OF FACTS

¶ 2. Robert Louis Rousseau (Testator) validly executed a will in December 1988 in which he named his wife, Donna F. Rousseau (Executrix), as his executrix. Testator died in November 2000, and Executrix filed a petition in the Lee County Chancery Court to probate Testator's will. The petition was subsequently granted in December 2000.

¶ 3. In January 2002, Testator's sons, Christopher Louis Rousseau and William Derek Rousseau (Devisees), filed a petition to construe the will and distribute the assets. The Devisees alleged a dispute as to the construction of Testator's will. Specifically, Devisees asserted that after Testator's will was executed, a specific bequest of shares of Lucky Star Industries, Inc. stock had become adeemed by extinction as a result of Testator's inter vivos transfer of title to the specific shares of stock.[1] Devisees further asserted that because the will contained no residuary clause, the value received for those shares of stock after Testator's death must pass according to the law of intestate succession. In April 2004, Devisees filed a second petition with the court asking that Testator's will also be construed in order to determine the disposition of a specific parcel of real property (Baldwyn Property) in which the Testator, the Testator's mother, and the Testator's brother each owned a fractional interest at the time of Testator's death.[2] Devisees asserted that the Baldwyn Property was not addressed in the will, and therefore, Testator's interest in that property must also pass according to the law of intestate succession. Executrix, however, maintained that the will directed that both the future proceeds from the sale of the shares of stock, and the ownership interest in the Baldwyn Property, were to be placed in a trust, and that all trust income was to be payable to Executrix during her lifetime.

¶ 4. In June 2004, a hearing was conducted, and the chancellor subsequently decreed that from the time of Testator's death, the value received as proceeds from Testator's inter vivos transfer of title to the shares of stock was to pass under the laws of intestate succession, and that Devisees each own a one-fourth interest in those proceeds. The chancellor further decreed that title to the Baldwyn Property must pass under the law of intestate succession, and that Devisees each own a one-eighth interest in the Baldwyn Property.

¶ 5. Aggrieved by the chancellor's decree, Executrix appeals asserting the following: (1) whether the chancellor erred in properly construing the will in accordance with Testator's intent, and (2) whether the chancellor erred in determining that specific property was to pass according to the law of intestate succession.

ISSUES AND ANALYSIS

I. Whether the chancellor erred in properly construing the will in accordance with Testator's intent.

*1217 ¶ 6. Executrix asserts that the chancellor erred in decreeing that the shares of stock had been adeemed prior to Testator's death, and that the value received after his death, as well as the Baldwyn Property, must pass under the laws of intestate succession, rather than to the testamentary trust mentioned in the will. Devisees maintain that the shares of stock were intended as a specific bequest, and that their sale amounted to an ademption by extinction. Devisees maintain that since the stock was sold prior to Testator's death, and Testator did not mention in his will the disposition of the future proceeds from the sale, those monies received after his death must pass under the law of intestate succession. Devisees also maintain that since the Baldwyn Property did not satisfy the ownership interest criterion established by Testator himself in his will, it too must pass under the law of intestate succession. The relevant portion of the will which gave rise to this dispute reads as follows:

Item III
If my wife, Donna F. Rousseau, be living at the time of my death, I then give, devise and bequeath to my brother-in-law, L.E. Gibens, as trustee, all of my shares of stock in Lucky Star Industries, Inc., and any and all other real property in which I have a fractional interest with my mother, brother and sister, including any of such stock or real property which I may acquire through inheritance; to be dealt with as hereinafter directed.
...

¶ 7. Subsection (2) of Item III goes on to state that the income generated from the aforementioned trust is to be paid to Executrix during her lifetime in as nearly equal installments as practicable, and that upon Executrix's death, the assets of the trust are to be transferred, paid and delivered to Testator's children.

¶ 8. Before proceeding with our analysis, we turn to address the standard of review. The chancellor's findings of fact will only be reversed where they are unsupported by substantial evidence, or where the chancellor abused his discretion, was manifestly wrong, or clearly erroneous. In re Estate of Mathis, 800 So.2d 119, 121(¶ 7) (Miss.Ct.App.2001) (citing Smith v. Jones, 654 So.2d 480, 484 (Miss. 1995)). However, "`[w]hen presented with a question of law, ... [this Court] conducts a de novo review.'" In re Estate of Wright, 829 So.2d 1274, 1276(¶ 5) (Miss.Ct. App.2002) (quoting Matter of Estate of Homburg, 697 So.2d 1154, 1157(¶ 10) (Miss.1997)). Finally, "[t]his Court must determine if effect was given to the [testator's] intent when reviewing the decision of the chancellor." Matter of Estate of Homburg, 697 So.2d at 1157(¶ 11) (citing Tinnin v. First United Bank of Mississippi, 502 So.2d 659, 663 (Miss.1987)). The determination of testamentary intent, however, is limited to the wording employed within the four corners of the will. Matter of Estate of Homburg, 697 So.2d at 1157(¶ 11). The question of who is entitled to the payments specified in the assignment agreement, and to title of the Baldwyn Property, is an issue of will construction, and is therefore, a question of law which necessitates a de novo review by this Court. See In re Estate of Wright, 829 So.2d at 1276(¶ 5).

¶ 9. Returning to their respective arguments, Executrix asserts that it is obvious from the will that it was Testator's intent to make provisions for Executrix, his surviving spouse, after having made specific bequests of other assets in Item II of his will. Item II of Testator's will contains the following specific bequeaths to Executrix:

*1218

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Cite This Page — Counsel Stack

Bluebook (online)
910 So. 2d 1214, 2005 WL 2141205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rousseau-v-rousseau-missctapp-2005.