Yount v. McKnight
| Docket Number: | 2002-CA-00771-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Right of adopted child to inherit - Section 11-7-13 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Trial on Merits Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 04-19-2002 Appealed from: Hinds County Chancery Court Judge: Patricia D. Wise Disposition: HALF BROTHER FOUND TO BE WRONGFUL DEATH BENEFICIARY AND ENTITLED TO 1/3 PORTION OF SETTLEMENT. Case Number: P2001-308 W/4 |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Estate of Dale Clayton Yount, Deceased: Debi Yount, Individually as Heir-at-Law and Wrongful Death Beneficiary of Dale Clayton Yount, Deceased, and as Administratrix of Estate of Dale Clayton Yount, and Dale Landon Yount, Minor Heir-at-Law and Wrongful Death Beneficiary of Dale Clayton Yount, by and through Debi Yount, His Natural Mother and Legal Guardian |
KEN R. ADCOCK
MARK D. MORRISON |
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| Appellee: | Emmitt McKnight, Potential Heir-at-Law and Wrongful Death Beneficiary of Dale Clayton Yount, Deceased | BEVERLY DAVIS BUSKIRK JAMES P. JOHNSTONE D. SCOTT YEOMAN GRADY F. TOLLISON |
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| Topic: | Wills & estates - Right of adopted child to inherit - Section 11-7-13 |
| Summary of the Facts: | Debi Yount filed suit against several entities for the wrongful death of her son, Dale Yount. A settlement was reached between the parties, in which it was agreed that the sum of $450,000 would be paid to Dale’s wrongful death beneficiaries in satisfaction of all wrongful death claims. Debi then petitioned the court for a determination of wrongful death beneficiaries and for authority to settle the estate's wrongful death claim. Emmitt McKnight, half-brother of Dale Yount, made a claim to a portion of the settlement proceeds. The court found that Emmitt McKnight was entitled to a one-third share of the wrongful death settlement proceeds, and Debi appeals. |
| Summary of Opinion Analysis: | Yount argues that McKnight's claim to a portion of the estate of his deceased half brother is extinguished because of McKnight's adoption. An adopted child has full rights to inherit from his natural family, just as if there had been no adoption. Dale Yount and Emmitt McKnight are natural siblings. They have a parent in common, their father, and pursuant to section 11-7-13, there shall not be a distinction between the kindred of the whole and half blood of equal degree. |
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