In re Estate of McCoy v. McCoy
| Docket Number: | 2007-CA-00979-COA Linked Case(s): 2007-CA-00979-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: IRVING, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Wills & estates - Right of inheritance - Section 91-1-15(3) Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: KING, C.J. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 05-16-2007 Appealed from: LOWNDES COUNTY CHANCERY COURT Judge: H.J. "Jim" Davidson, Jr. Disposition: DECEDENT’S NATURAL FATHER DETERMINED TO BE AN HEIR OF THE DECEDENT. Case Number: 2006-0147 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ESTATE OF JAKAYLA MCCOY BY ERIKA JONES, PETITIONER |
W. HOWARD GUNN |
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| Appellee: | IRVIN L. MCCOY | CHRISTOPHER JAMES LATIMER, JOHN F. PERRY | ||
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 - Right of inheritance - Section 91-1-15(3) |
| Summary of the Facts: | Erika Jones, in her capacity as administratix of the estate of her deceased daughter, Jakayla McCoy, filed a petition for the determination of Jakayla’s heirs at law wherein she sought to disinherit Jakayla’s biological father, Irvin McCoy, because he did not provide any financial support to Jakayla during her lifetime. The chancellor ruled that McCoy had not refused or neglected to support Jakayla and that he was thus entitled to inherit from Jakayla’s estate. Jones appeals. |
| Summary of Opinion Analysis: | Jones argues that McCoy failed to prove that he did not refuse or neglect to support Jakayla as required by section 91-1-15(3)(a-d). Pursuant to section 91-1-15(3), it is clear that in order for McCoy to receive the benefit of inheritance from Jakayla he must prove that he and Jones participated in a marriage ceremony prior to Jakayla’s birth, or that there had been an adjudication of legitimacy, or an adjudication of paternity prior to or after Jakayla’s death, and that he openly acknowledged Jakayla during her lifetime and did not refuse or neglect to support her. Jones does not dispute that McCoy is Jakayla’s father. Jones argues that McCoy’s incarceration did not alleviate his responsibility to financially support Jakayla and that McCoy could have sent money to support Jakayla from his inmate account. Even though he was incarcerated during her lifetime, McCoy could have provided some support, albeit meager. McCoy received monetary donations from his family members, and although he claimed to be unaware of a policy that would have allowed him to send Jones money for Jakayla’s benefit, the record does not reflect that he made any attempt to support Jakayla even before he began serving his sentence. Jones supported Jakayla with no assistance from McCoy. Allowing McCoy to receive any portion of the settlement from the wrongful death action would result in a financial windfall in McCoy’s favor. |
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