In re Conservatorship of Davis v. Longo
| Docket Number: | 2005-CA-01710-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-17-2007 Opinion Author: GRIFFIS, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wills & estates - Removal of conservator - Standing - Prospective interest in estate Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 02-22-2005 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: APPELLANT’S PETITION TO REMOVE CONSERVATOR DISMISSED. Case Number: 2004-0234 |
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| Party Name: | Attorney Name: | |||
| Appellant: | IN THE MATTER OF CONSERVATORSHIP OF LAUREE DAVIS: ALVIN PEYTON |
CHARLES BRADFORD MARTIN,
HOWARD BROWN,
CHARLES E. GRIFFIN |
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| Appellee: | JOHN J. LONGO, SR. | JOHN D. SUTTON |
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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: | Wills & estates - Removal of conservator - Standing - Prospective interest in estate |
| Summary of the Facts: | Alvin Peyton filed a petition to remove John Longo as the conservator of Lauree Davis and to set aside a fraudulent conveyance. The chancellor determined that Peyton did not have standing to proceed with his petition. Peyton appeals. |
| Summary of Opinion Analysis: | Peyton argues that the chancellor erred in finding that Peyton had no standing to bring the petition. Peyton claims that he has standing as a matter of right because he and his daughters have a legitimate prospective interest in Ms. Davis’ estate. Longo claims that Peyton is a stranger because he and his daughters have no present rights under an unprobated will of a person who is still living. Section 91-7-285 allows for an “interested party” to filed a petition to remove a fiduciary. An “interested party” is a person who has a legitimate interest present or prospective in that estate, or who has some personal responsibility as regards the estate. Although there is no certainty that Peyton’s daughters will inherit Ms. Davis’ estate, they do currently have a prospective interest in Ms. Davis’ estate under her will. Therefore, the chancellor was in error to summarily dismiss Peyton’s petition to remove Longo as Ms. Davis’ conservator. |
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