Sims v. Butler

42 So. 3d 643, 2010 Miss. App. LEXIS 434
CourtCourt of Appeals of Mississippi
DecidedAugust 17, 2010
DocketNo. 2008-CA-01411-COA
StatusPublished
Cited by1 cases

This text of 42 So. 3d 643 (Sims v. Butler) 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
Sims v. Butler, 42 So. 3d 643, 2010 Miss. App. LEXIS 434 (Mich. Ct. App. 2010).

Opinion

MYERS, P.J., for the Court:

¶ 1. Melvin Sims appeals the Greene County Chancery Court’s final judgment establishing the heirs of Regent Taylor a/k/a Region Taylor (Regent). Melvin avers that the chancery court committed manifest error in determining that he is the lawful heir of Bulah Dantzler Loper and not Carrie Dantzler Sims. Finding no error, we affirm.

FACTS

¶ 2. In 2006, appellee Dorothy Butler filed a petition in the chancery court asking the court to determine the lawful heirs of Regent, a female and a resident of Greene County, Mississippi, who died in 1917. After hearing testimony from witnesses and reviewing thirty-five exhibits entered into evidence, the chancery court issued a judgment establishing heirship. The genealogy outlined therein is lengthy and need not be referred to in detail. We draw from portions of the judgment relevant to the matter before us; additional facts, as necessary, will be related during our analysis.

¶ 3. According to the 1880 census and a copy of the family Bible, Regent had four children, namely, Carrie Taylor, Stark Taylor, Daphne Taylor, and Della Taylor (Della). All four children are now deceased.

¶ 4. Della had seven children, namely, Roy Smith, Sterling Taylor, Carrie Dant-zler Sims (Carrie), Flossie Dantzler Butler (Flossie), Daphne Dantzler Noland, [645]*645Randall Dantzler, and Bulah Dantzler Loper (Bulah). All seven children are now deceased.

¶ 5. Pertinent to our present purposes, the chancery court found that Della’s daughter, Carrie, had no natural children of her own. The court determined that Carrie’s sister, Bulah, left as her surviving heirs-at-law the following individuals, listed in no particular order: Ollie T. Loper (Ollie), Henry E. Loper, James Williams (James), L.J. Williams (L.J.), Oscar Williams (Oscar), Glenn Williams, and Melvin.

¶ 6. Melvin’s contention in the case was that he is the son of Carrie and, thus, her sole legal heir. In support of his claim, Melvin presented the chancery court a delayed birth certifícate, a social security document, and a school record. The chancery court concluded, however, based on what it found to be clear and convincing evidence, that Melvin was not the son of Carrie, but he was the son of Bulah, his natural mother. The evidence by which the chancery court based its determination was that of witness testimony, a 1930 census showing Melvin to be the nephew of Carrie, and two warranty deeds signed by Melvin acknowledging that he was the son of Bulah and the brother of Ollie, L.J., and Oscar.

¶ 7. Feeling aggrieved, Melvin appeals.

STANDARD OF REVIEW

¶ 8. We will not disturb the factual findings of a chancellor unless such findings are manifestly wrong or clearly erroneous. Estate of Thomas v. Thomas, 883 So.2d 1173, 1176 (¶ 9) (Miss.2004). “If there is substantial evidence to support the chancellor’s findings of fact, those findings must be affirmed.” Id.

ANALYSIS

¶ 9. In the backdrop of this heirship proceeding is a dispute involving sixty acres of land located in Greene County, Mississippi. With Melvin’s assertion that he was the sole legal heir of Carrie, Melvin stood to inherit approximately twelve acres of the land through Carrie, who died intestate. But based on the chancellor’s finding that Carrie died intestate without lawful issue and his finding that Melvin is the natural son of Bulah, who also died intestate, Melvin now stands to inherit a proportionate share of the land through intestate succession as Bulah’s heir-at-law.

¶ 10. Melvin’s argument on appeal is that the chancery court failed to give due weight to the evidence he brought before the court in support of his claim that he was “Carrie’s child.” Melvin asserts that his supporting documents were never contradicted, and his testimony was consistent at trial. Melvin fervently believes the chancery court rested its decision chiefly on the fact that during his testimony he answered in the negative when asked by the chancellor if Carrie had ever told him she was his mother. Melvin submits that “most people never have their mother tell them T am your mother,’ ” and he contends that under such logic, Bulah must not be his mother either, because she too never said to him, “I am your mother.”

¶ 11. The record uniformly refutes each of Melvin’s contentions. With respect to Melvin’s documents, there was nothing for the opposing evidence submitted at trial to remonstrate. This is because the chancellor did not allow any of Melvin’s documents to be admitted into evidence, a detail which the appellant makes no mention of in his brief. The chancellor did not accept the delayed birth certificate, which the record indicates was obtained shortly before this case began, because it was not properly certified as required by Mississip[646]*646pi Code Annotated section 41-57-9 (Rev. 2009). That section states as follows:

Any copy of the records of birth, sickness or death, when properly certified to by the state registrar of vital statistics, to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated. A facsimile signature of the registrar shall be sufficient for certification when the certificate shall have impressed thereon the seal of the Mississippi Department of Public Health.

Miss.Code Ann. § 41-57-9. The item brought forth by Melvin not only lacked the proper seal required by section 41-57-9, it merely was a voided copy of a purported certified copy of a delayed birth certificate. The chancellor did not allow Melvin’s other two documents to be admitted for consideration because these items, in violation of the chancery court’s pretrial order, were not disclosed to the opposing parties prior to trial.

¶ 12. As to the assertion on appeal with regard to Melvin’s testimony and the spurious point made along with it, the following portions taken from Melvin’s testimony contravene both:

THE COURT: [Melvin], this is a very important question. You don’t know who your mother was, do you?
Melvin: Sure don’t.
[[Image here]]
Mr. Shiyou: [Melvin], I understand what people have told you, okay. But as we sit here today, who was your mother?
Melvin: Carrie was my mother.
[[Image here]]
Mr. Shiyou: Now, you’ve heard the testimony of other people that, possibly, Bulah was your mother?
Melvin: I heard that, too.
Mr. Shiyou: But did your mother, Carrie, ever tell you that she was not your mother?
Melvin: She never even mentioned it to me.
Mr. Shiyou: Did Bulah ever come to you and say, Melvin, you are my son?
Melvin: Yes.
Mr. Shiyou: She did tell you that?
Melvin: Yes.
Mr. Shiyou: And did she tell you why she gave you over to Carrie?
Melvin: She didn’t tell me that.
Mr. Shiyou: Did you ask her?
Melvin: No, I didn’t ask her.

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Related

In Re Estate of Taylor
42 So. 3d 643 (Court of Appeals of Mississippi, 2010)

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Bluebook (online)
42 So. 3d 643, 2010 Miss. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-butler-missctapp-2010.