In re Estate of Hawthorne v. Griffin
| Docket Number: | 2007-CA-00099-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: CARLTON, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wills & estates - Jurisdiction - Section 91-7-63(1) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 12-20-2006 Appealed from: Jefferson Davis County Chancery Court Judge: J. Larry Buffington Disposition: CHANCELLOR RULED THAT JOHNSON LACKED STANDING TO CHALLENGE THE APPOINTMENT OF GRIFFIN AS THE ADMINISTRATOR OF DECEDENT’S ESTATE. Case Number: 03-0123 |
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| Party Name: | Attorney Name: | |||
| Appellant: | IN THE MATTER OF THE ESTATE OF ROBERT EARL HATHORNE, DECEASED: CASSIE JOHNSON |
LAQUETTA MARIA GOLDEN |
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| Appellee: | TERRY GRIFFIN, MICHELLE ROGERS AND ANGIENETTE WATTS | CHARLES E. LAWRENCE |
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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 - Jurisdiction - Section 91-7-63(1) |
| Summary of the Facts: | Robert Hathorne was survived by three adult children, Michelle Rogers, Angienette Watts, and Terry Griffin. Cassie Johnson is Hathorne’s sister. Griffin filed a petition to appoint himself administrator over Hathorne’s estate and issue letters of administration, which the chancery court granted. After failed attempts to obtain certain estate property from Johnson and others, Griffin filed a motion to compel the surrender of the property. The chancellor entered an order to compel the surrender of the property. Johnson filed a “motion to reconsider or, in the alternative, motion to set aside the judgment, and motion for ex parte judgment.” The court denied the motion, and Johnson appeals. |
| Summary of Opinion Analysis: | The grant of letters of administration is governed by section 91-7-63(1), which provides that venue for such an action is proper in the county where the intestate had a fixed place of residence at the time of his or her death, or if there was no fixed place of residence, then in either the county where the intestate died or the county where his personal property or some part of it may be. Because section 91-7-63(1) is jurisdictional in nature, if an estate is opened in an improper venue, then the action should be dismissed, not transferred to the correct county. Here, it was clear from the chancellor’s bench ruling that the issue of jurisdiction was not fully considered. In light of the additional evidence presented to the chancery court regarding Hathorne’s residence at the time of his death, the chancellor abused his discretion in denying Johnson’s motion to reconsider. Because the hearing was cut short by the chancellor, Griffin was denied the opportunity to present evidence that he planned to introduce to support his position that jurisdiction was proper in Jefferson Davis County. In addition, Johnson at least had standing to challenge the chancery court’s subject matter jurisdiction to enter the order since she was ordered by the court to surrender certain property of Hawthorne’s estate that was in her possession. |
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