Whitman v. Whitman

730 So. 2d 1048, 1999 WL 174826
CourtLouisiana Court of Appeal
DecidedMarch 31, 1999
Docket31,814-CA
StatusPublished
Cited by4 cases

This text of 730 So. 2d 1048 (Whitman v. Whitman) 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
Whitman v. Whitman, 730 So. 2d 1048, 1999 WL 174826 (La. Ct. App. 1999).

Opinion

730 So.2d 1048 (1999)

Marilyn Mann WHITMAN, Plaintiff-Appellee,
v.
William Newell WHITMAN, Defendant-Appellant.

No. 31,814-CA.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1999.

*1049 McKeithen, Ryland & Champagne By Rebel G. Ryland, Columbia, Counsel for Appellant.

Dimos, Brown, Erskine & Burkett By Donald R. Brown, Monroe, Counsel for Appellee.

Before NORRIS, KOSTELKA and DREW, JJ.

DREW, J.

William Newell Whitman appeals the judgment revoking two donations made to him by his former wife during their marriage. Arguing that the transactions were onerous donations and that he fulfilled the obligations imposed by the donations, Mr. Whitman contends that the trial court erred in finding that the property transfers were gratuitous donations and subject to revocation for ingratitude. The judgment of the trial court is hereby affirmed.

FACTS

On June 10, 1997, Marilyn Mann Whitman sued Mr. Whitman for divorce based upon his alleged adultery on June 7, 1997. The couple married in 1981 and had no children. In addition to the divorce, Mrs. Whitman requested that the court revoke for ingratitude a donation she made to Mr. Whitman on December 31, 1985 of her one-half interest in immovable property. On August 21, 1997, the trial court signed a divorce judgment in favor of Mrs. Whitman. In addition to prohibiting Mr. Whitman from physically or mentally threatening or harming Mrs. Whitman and enjoining both parties from disposing of community property, the judgment set remaining issues to be heard September 30, 1997. On August 26, 1997, Mrs. Whitman *1050 filed an amended petition which sought annulment of a second donation she made on August 28, 1981 to Mr. Whitman.

When the hearing on the donations commenced, Mr. Whitman had not answered the amended petition. The parties stipulated that Mr. Whitman made a general denial. The August 28, 1981 and the December 31, 1985 donations, along with the testimony and pleadings relative to the divorce, were placed into evidence without objection.

Shortly after their 1981 wedding, Mrs. Whitman donated to her husband a one-half interest in an acre tract on which their home was later built. On cross-examination, she acknowledged that her brother had transferred to her another acre of land adjacent to the property involved in the 1981 donation. In 1991, she also received another piece of contiguous property from her McKeithen cousins. Mrs. Whitman did not know if her husband was included on either the deed from her brother or the donation from the McKeithens. Mrs. Whitman testified she and Mr. Whitman had mortgaged the one-acre tract on two occasions and later paid off the loans.

Mrs. Whitman owned an undivided one-half interest of a 1/32 interest in a much larger tract, which fractional interest she had acquired from her mother. She owned an undivided 300-acre interest in the property in which a number of persons had ownership interests. In 1985, she donated to Mr. Whitman one-half of her undivided interest in that farm and timber land. She and her brother, George Allen Mann, had obtained the property from their mother in a transaction which Mrs. Whitman characterized as estate planning. Although Mrs. Whitman was unsure whether the transaction was a credit sale, whether they made yearly payments and whether the debt had been paid off, Mrs. Whitman acknowledged on cross-examination there was a credit sale deed from her mother and a note that was ultimately canceled. Although the note was canceled in 1990, she denied it had been paid off.

When asked whether yearly payments were made to her mother through rents and royalties, Mrs. Whitman responded "Not really. No." She explained that money given to her mother was always given back to them plus much more. In her view, payments were not made because they were given back to her and Mr. Whitman. She did not know if the payments were considered payments on the large tract and stated:

I mean, it was just a way to get around paying inheritance tax. There was never any actual exchange of money, because they simply gave it back to us. If you're alleging that my husband paid money to my mother, that's ludicrous.

She also acknowledged that the couple initially made payments with community funds to her mother pursuant to the credit sale arrangement. Concerning the 300-acre property interest, Mrs. Whitman did not recall discussing with Mr. Whitman the indebtedness related to the property and did not recall if the document specified the donation was to be irrevocable.

After the couple separated, she learned that Mr. Whitman was involved with another woman, news that was very embarrassing and which made her physically ill. Following Mrs. Whitman's testimony, plaintiffs attorney stated they had made a prima facie case for annulment of the donations and rested.

Mr. Whitman's first witness, Iley Evans, was accepted as an expert in abstracting, title examination and Caldwell Parish law practice. Evans testified that the August 28, 1981 donation from Mrs. Whitman to her husband of one acre contained only one condition; i.e, if Mr. Whitman predeceased Mrs. Whitman, the property returned to Mrs. Whitman, a resolutory condition.

In a related transaction, an April 10, 1984 cash sale deed (Caldwell Parish No. 155091, Con. Bk.148, p. 114) from George Allen Mann and Sonia Dugose Mann conveyed an adjacent one-acre tract to Mr. and Mrs. Whitman. Contiguous to the one-acre tract in the 1991 donation and the one acre conveyed to the Whitmans by the Manns in 1984 was a.7-acre tract donated (Caldwell Parish No. 172095, Con. Bk. 174, p. 427) to Mr. and Mrs. Whitman by the McKeithen trust on August 16, 1991. The acre donated in 1981 to Mr. Whitman and the two subsequent transfers of adjacent property to the couple comprised *1051 the tract on which the couple's home was located. Evans' search of the records revealed two mortgages executed by Mr. and Mrs. Whitman, one for $2,500, dated January 6, 1994, and the other for $25,000, dated June 6, 1984, on the tract where their home was located.

Concerning the December 31, 1985 donation (Caldwell Parish No. 160138, Con. Bk. 154, p. 449) from Mrs. Whitman to Mr. Whitman, Evans testified the instrument donated one-half of her one-half undivided interest in a large tract known at that time as the G.L. Shipp estate. The donation referred to a mortgage (Caldwell Parish No. 141123, Con. Bk. 130, p. 77; Mtg. Bk. 93, p. 380) and stated that Mrs. Whitman intended to donate to Mr. Whitman one-half of her undivided one-half of the 1/32 interest she acquired from her mother, Mary Alice Shipp Mann, on October 20, 1978 by credit deed. Evans described the October 20, 1978 transfer by credit deed from Mary Alice Shipp Mann to her two children, George Allen Mann and Mrs. Whitman (then Marilyn Shipp Dunn, a single woman). The purchase price was $360,000, at 6% interest, payable in 30 equal installments of $12,000. The note was canceled July 5, 1990 (Mtg.Bk.93, p. 380).

Two subsequent partitions, both recorded May 31, 1988, dealt with that property. The Partition of the Patton Place (No. 165553 in Con. Bk. 163, p. 81) and the Partition of the G.L. Shipp Properties (No. 165554, Con.Bk. 163, P. 93) transferred property among the various owners in indivision. As a result, Mr. and Mrs. Whitman received three tracts which totaled approximately 300 acres in full ownership. Subsequently, Mr. and Mrs. Whitman and others and the Citizen's Progressive Bank made ratifications of the partition.

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
730 So. 2d 1048, 1999 WL 174826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitman-v-whitman-lactapp-1999.