Salter v. Johnston, et al.
| Docket Number: | 2011-CA-01179-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Conservatorship - Section 93-13-251 - Preference to next-of-kin Judge(s) Concurring: Lee, C.J., Griffis, P.J., Ishee, Roberts, Russell and Fair, JJ. Non Participating Judge(s): Barnes, Carlton and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 08-11-2011 Appealed from: Madison County Chancery Court Judge: Cynthia Brewer Disposition: ARTHUR JOHNSTON NAMED CONSERVATOR FOR MEDORA WEAVER Case Number: 2011-780 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | John A. Salter |
PRO SE |
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| Appellee: | Arthur Johnston and Caryn S. Quilter | GARY K. JONES LUTHER T. MUNFORD | ||
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: | Wills & estates - Conservatorship - Section 93-13-251 - Preference to next-of-kin |
| Summary of the Facts: | The Madison County Chancery Court established a conservatorship for Medora Weaver. Caryn S. Quilter, Weaver’s niece, filed a petition for conservatorship and requested that the chancery court appoint her as conservator. John A. Salter, Weaver’s older brother and Quilter’s father, initially agreed that a conservatorship should be established, but he requested that the chancery court appoint him as conservator. Instead, the chancery court appointed Madison County’s Chancery Clerk as conservator. Salter appeals. |
| Summary of Opinion Analysis: | Salter argues that the chancery court erred in finding that a conservatorship was in Weaver’s best interest. Section 93-13-251 allows the chancery court to appoint a conservator over the estate and the person of one who “is incapable of managing his own estate by reason of advanced age, physical incapacity[,] or mental weakness . . . .” Here, there is substantial evidence to support the chancery court’s finding that a conservatorship was in Weaver’s best interest. Two doctors submitted certificates stating that they had personally examined Weaver and believed that she was incapable of attending to her physical needs and managing her financial affairs and estate. Additionally, Weaver admitted to the court that she had been diagnosed with Alzheimer’s disease and that her mind was no longer clear. Salter alternatively argues that he is the proper party to act as conservator, because he has previous experience as a conservator and he is Weaver’s brother. Mississippi laws on conservatorships do not give preference to an individual’s next-of-kin to act as conservator. In addition, the chancery court decision that it would be in Weaver’s best interest if a non-relative served as conservator because of the contentious relationship between Weaver’s niece and Salter is not error. |
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