Mann v. Buford, et al.
| Docket Number: | 2001-IA-01699-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: Waller, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Petition to establish heirship - Section 91-1-15(3)(c) - Tolling of statute of limitations Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 10-05-2001 Appealed from: Tishomingo County Chancery Court Judge: John C. Ross, Jr. Disposition: Dismissed the complaint for partition and claim of heirship. Case Number: 2001-207 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Arthur Mann |
MICHAEL DALE COOKE |
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| Appellee: | Jackie Buford and Jill Mann | JOHN DAVID WEDDLE |
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| Topic: | Wills & estates - Petition to establish heirship - Section 91-1-15(3)(c) - Tolling of statute of limitations |
| Summary of the Facts: | James Mann, the alleged illegitimate son and heir of William Mann, filed a complaint seeking a portion of the property left by William to his two adopted daughters, Jackie Buford and Jill Mann. The court dismissed his complaint, anc the Supreme Court granted his interlocutory appeal. |
| Summary of Opinion Analysis: | Issue 1: Petition to establish heirship James argues that section 91-1-15(3)(c) applies only to a father inheriting from his illegitimate, and not to an illegitimate inheriting from the father. Section 91-1-15(3)(c) provides that a complaint for adjudication of heirship must be filed within one year after the death of the intestate or within 90 days after the first published notice to creditors. James did not ask for an adjudication of heirship until over 18 years after William died. The clear language of the statute establishes that it is applicable to both the natural father inheriting from an illegitimate, as well as to an illegitimate child inheriting from or through the father. Issue 2: Tolling of statute of limitations James argues that Jackie and Jill acted as executrices de son tort by virtue of several conveyances of real property they made and that they should be held to the same standard of care as if they had been duly appointed administratrices and that the statute of limitations for him to file a claim of heirship should have been tolled because of their alleged wrongful actions. Not only did James fail to raise this issue before the chancellor, but the facts that James has presented do not amount to fraudulent concealment. Alleged wrongful conveyances of estate property do not toll the statute of limitations for filing a claim of heirship. |
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