Simpson v. Estate of Williams
| Docket Number: | 2006-CA-00670-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-16-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Bank account funds - Release Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: IRVING, J. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 03-10-2006 Appealed from: PEARL RIVER COUNTY CHANCERY COURT Judge: James L. Roberts Disposition: JUDGMENT GRANTING ESTATE FUNDS TO APPELLEE. Case Number: 96-0352-GN-D |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANITA WILLIAMS SIMPSON |
TROY A. MCFARLAND |
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| Appellee: | THE ESTATE OF ROBERT JOSHUA WILLIAMS, II, DECEASED, AND DEBORAH WILLIAMS AVERY, ADMINISTRATRIX | JAMES L. GRAY | ||
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 - Bank account funds - Release |
| Summary of the Facts: | R. J. Williams died testate, leaving four children as his heirs-at-law, including Anita Simpson. Williams left, amongst other monies, a bank account which held $63,714.61. Simpson was listed as the beneficiary of this account. Each of the heirs executed an agreement, releasing any right, title, and interest they may have to the funds in the bank account and transferring the funds to Williams’ estate account. Three years later, Simpson requested that she be awarded the funds of the bank account. The chancery court declined to award the funds to Simpson. Simpson appeals. |
| Summary of Opinion Analysis: | Simpson signed a valid release relinquishing any and all right, title, and interest in and to the bank account funds. Because the trial judge determined that Simpson released her right and title to the bank account funds before they were transferred into the estate account, the court was under no obligation to make a determination that prior to the transfer, the funds belonged to Simpson. |
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