Williams v. Williams

43 So. 3d 517, 2010 WL 2902263
CourtCourt of Appeals of Mississippi
DecidedSeptember 14, 2010
Docket2009-CA-00551-COA
StatusPublished
Cited by2 cases

This text of 43 So. 3d 517 (Williams v. Williams) 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
Williams v. Williams, 43 So. 3d 517, 2010 WL 2902263 (Mich. Ct. App. 2010).

Opinion

KING, C.J.,

for the Court:

¶ 1. Tracy Franklin Williams (Tracy) contested the probate of his mother’s estate and alleged that Lawrence Daniel Williams (Lawrence), the executor of the estate, had mismanaged estate funds. The chancery court granted partial summary judgment in favor of Lawrence. Furthermore, Tracy failed to comply with discovery requests, so the chancery court later dismissed Tracy’s remaining claims and granted Lawrence’s request for attorneys’ fees. Aggrieved, Tracy appeals, raising two issues:

I. Whether the chancellor erred by granting the motion for partial summary judgment, and
II. Whether the chancellor erred by awarding Lawrence attorneys’ fees.

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Mrs. Dorothy Williams died on April 19, 2005. That same year, a petition to probate her will was filed in the Chancery Court of DeSoto County. Mrs. Williams’s three children: Lawrence, Tracy, and Florence Ann Jermyn (Jermyn) survived her. Lawrence was named as the executor of Mrs. Williams’s estate. Mrs. Williams’s will reads, in pertinent part, as follows:

Article II
I, Dorothy Ann Williams, hereby devise and bequeath all of my property, of whatsoever kind and wheresoever situated to my children, Lawrence Daniel Williams, Tracy Franklin Williams, and Florence Ann Jermyn, in equal shares, per stirpes.
Article III
*519 It is my desire that Kate Ida Williams be taken care of as I did during my lifetime.

¶ 3. Kate Ida Williams (Kate) is Tracy’s adult daughter and Mrs. Williams’s granddaughter. Kate resided in Senatobia, Mississippi, at the Baddour Centera community for adults with disabilities. During Mrs. Williams’s lifetime, she paid Kate’s tuition at the Baddour Center, using mortgage payments that she received from a home that she owned, also known as the “Beaver note.”

¶ 4. At first, Lawrence, Tracy, and Jer-myn cooperated in the probate of their mother’s will and the distribution of the property between them. The siblings also agreed to continue paying Kate’s tuition using the funds derived from the Beaver note until the loan was paid in full. However, when Tracy later expressed the opinion that the estate should create a trust account for Kate’s benefit, the siblings could not agree.

¶ 5. On June 7, 2007, Tracy filed a petition to obtain an accounting and inventory of the estate. In the petition, Tracy expressed concern regarding Lawrence’s management of estate funds, stating that his concern “[arose] primarily from poor communication with the Executor of the will.” Lawrence filed an accounting and inventory. On September 10, 2007, Lawrence filed a petition for discharge of the executor, seeking to close the estate and to distribute the assets as set forth in Article II of the will. On November 28, 2007, Tracy filed a petition requesting an accounting, discharge of the executor, and a surcharge against the executor. Tracy alleged that Lawrence misappropriated estate funds and property and should be discharged for his improper conduct. Tracy also requested an injunction against the estate and argued that pursuant to Article III of the will, the estate was required to set up a trust account for Kate in the amount of $150,000.

¶ 6. Lawrence filed an answer and affirmative defenses in response to Tracy’s petition. On February 5, 2008, Lawrence served Tracy with interrogatories and a request for production of documents. Lawrence also filed a motion for partial summary judgment on March 21, 2008, arguing that Article III of the will did not require the estate to establish a trust account for Kate.

¶ 7. Tracy did not respond to Lawrence’s discovery requests. Thus, on November 20, 2008, Lawrence filed a motion to compel. The chancery court granted the motion to compel on January 12, 2009, and ordered Tracy to respond to the discovery by January 26, 2009. Tracy failed to comply with the chancery court’s order.

¶ 8. Finding that Article III of the will was a precatory expression of Mrs. Williams’s desire and, thus, unenforceable, the chancery court granted Lawrence’s motion for partial summary judgment on February 2, 2009. On February 18, 2009, Lawrence filed a motion to dismiss the action, arguing that Tracy failed to respond to discovery and failed to offer any proof to substantiate his claim that Lawrence had misappropriated estate funds. Because of Tracy’s failure to comply with the chancery court’s order, Lawrence also requested attorneys’ fees.

¶ 9. On March 9, 2009, a hearing was held on the motion to dismiss, which Tracy and his attorney failed to attend. On March 10, 2009, the chancery court granted Lawrence’s motion to dismiss, finding that: (1) Tracy failed to respond to discovery within the time permitted by law; (2) he failed to respond to discovery within the additional time given by the estate; (3) he failed to respond to discovery within the time designated by the chancery court’s *520 order; (4) he failed to present any proof to substantiate his claims; and (5) Tracy’s failure prejudiced Lawrence’s trial preparation. Thereafter, Tracy filed an interlocutory appeal with the Mississippi Supreme Court, which the supreme court denied.

¶ 10. A hearing was held on the issue of attorneys’ fees, and Tracy and his attorney failed to attend this hearing as well. On March 23, 2009, the chancery court issued an order granting Lawrence’s request for attorneys’ fees and costs in the amount of $38,093.80. Aggrieved, Tracy timely filed his notice of appeal.

ANALYSIS

I. Motion for Partial Summary Judgment

¶ 11. Tracy argues that the chancery court erred by granting Lawrence’s motion for partial summary judgment and by finding that Article III of the will was merely a precatory statement of Mrs. Williams’s desire. Specifically, Tracy maintains that Article III is ambiguous, and the chancery court should have considered extrinsic evidence to determine Mrs. Williams’s intent. Conversely, Lawrence argues that the chancery court did not err by granting the motion for partial summary judgment because Article III was precatory and did not create any devise of property to Kate.

¶ 12. This Court reviews the chancery court’s grant or denial of summary judgment under a de novo standard of review, viewing the evidence in the light most favorable to the nonmoving party. In re Estate of Thomas v. Wilson, 962 So.2d 141, 143 (¶ 9) (Miss.Ct.App.2007) (citation omitted). “If, in this view, there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law, summary judgment should forthwith be entered in his or her favor.” Id.

¶ 13. Will construction is an issue of law, which is reviewed de novo. Rousseau v. Rousseau, 910 So.2d 1214, 1217 (¶ 8) (Miss.Ct.App.2005). We look to the four corners of the will to determine the intent of the testatrix. Id. (citing In re Estate of Homburg, 697 So.2d 1154, 1157 (¶ 11) (Miss.1997)).

¶ 14. As previously mentioned, Mrs.

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Related

Williamson v. Williamson
81 So. 3d 262 (Court of Appeals of Mississippi, 2012)
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66 So. 3d 1265 (Court of Appeals of Mississippi, 2011)

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Bluebook (online)
43 So. 3d 517, 2010 WL 2902263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-williams-missctapp-2010.