Saunders v. Thomas
| Docket Number: | 2002-CA-00191-COA Linked Case(s): 2002-CT-00191-SCT ; 2002-CA-00191-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Conservatorship - Validity of deeds - Compensation - Section 93-13-77 Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 12-11-2001 Appealed from: Hinds County Chancery Court Judge: William H. Singletary Disposition: REAL ESTATE CONVEYANCES TO CONSERVATOR RULED INVALID Case Number: P-96-461 |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Estate of Walter Thomas, Deceased: Kay Saunders and Titus Saunders |
JOEL MWANIKI MWAI |
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| Appellee: | Charles Thomas | COOLIDGE CALVIN ANDERSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Conservatorship - Validity of deeds - Compensation - Section 93-13-77 |
| Summary of the Facts: | The Hinds County Chancery Court imposed a conservatorship upon the estate of Walter Thomas and appointed Kay Saunders as conservator. During the conservatorship, Thomas conveyed two tracts to Saunders for which she paid nothing. Sanders did not seek approval from the chancellor before permitting these transfers. Thomas' son, Charles, filed suit to have the deeds set aside or, in the alternative, to have the court determine just compensation for the land. The chancellor set the deeds aside. Saunders appeals. |
| Summary of Opinion Analysis: | Issue 1: Validity of deeds Saunders argues that because Thomas was lucid at the time the deeds were signed, they are valid. Once a person becomes a ward of a conservatorship, he has the same legal disabilities as a minor with respect to the power to contract or convey property and cannot convey land except through a court order. Because Saunders never sought approval of the court for the conveyance of Thomas' land to herself, the deeds were void. Issue 2: Compensation Saunders argues that she is due compensation for her services as conservator. Section 93-13-77 requires that a request for compensation for services rendered be made at the time a final accounting is filed. Saunders made no claim for compensation until after Charles filed suit against her, many months after the conservatorship was closed. |
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