Jenkins v. Jenkins
| Docket Number: | 2007-CA-01166-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Inheritance as adoptive child - Section 91-1-3 - Section 93-17-13 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, 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: 06-21-2007 Appealed from: PIKE COUNTY CHANCERY COURT Judge: Debbra K. Halford Disposition: DEMARCUS JENKINS ENTITLED TO TWO SHARES OF THE NET ESTATE Case Number: 99-447 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | WILLENA JENKINS, IN HER CAPACITY AS ADMINSTRATRIX OF THE ESTATE OF JANICE KAYE JENKINS, DECEASED |
JAMIE G. HOUSTON,
T. MACK BRABHAM |
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| Appellee: | DEMARCUS DEANTE JENKINS | EDWIN L. BEAN | ||
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 - Inheritance as adoptive child - Section 91-1-3 - Section 93-17-13 |
| Summary of the Facts: | Janice Jenkins died intestate in Pike County without a spouse, surviving children, or more remote lineal descendants. At the time of her death, Janice was a ward under a pending conservatorship proceeding in chancery court. A decree was entered converting the conservatorship to an administration of Janice’s estate and appointing Willena Jenkins, Janice’s mother, as the administratrix. Willena filed a petition for adjudication of heirship to determine Janice’s heirs at law. One of Janice’s sisters, Stephanie Ann Jenkins, had predeceased her. Stephanie left one living descendant, her minor son and natural child, DeMarcus. However, subsequent to his mother’s death, DeMarcus was lawfully adopted by his grandparents, Willena and Edward. The adoption decree did not preclude or limit the right of DeMarcus to inherit from the estate of his mother, Stephanie. Willena filed a petition for allowance of certain claims and other relief requesting the chancery court adjudicate the apportionment of the estate as it pertains to DeMarcus because of the unusual situation that had arisen. Under the applicable statute regarding intestate succession, DeMarcus would be entitled to inherit the share of his deceased mother, Stephanie. As a result of his adoption by Willena and Edward, DeMarcus would also be entitled to inherit as Janice’s adopted brother. The chancellor found that Janice’s heirs at law would each receive a one-ninth share of her estate, with the exception of DeMarcus, who would receive two one-ninth shares. Willena appeals. |
| Summary of Opinion Analysis: | Section 91-1-3 preserves the right of DeMarcus to inherit his deceased mother’s portion of Janice’s estate, as his mother’s sole descendant. Thus, under this statute, DeMarcus would receive an equal share of Janice’s net estate, also divided among Janice’s other heirs at law. Section 93-17-13 provides that DeMarcus, as the adopted son of Janice’s mother and father (his natural grandparents), would be treated as Janice’s adopted brother for inheritance purposes. Case law in Mississippi is also clear that, in the absence of a statute or decree to the contrary, an adoptive child inherits from both natural and adoptive parents. Willena argues that the legislative intent of section 93-17-13 is to elevate the adopted child to the same level as the natural child, but not to raise the adoptive child higher than the natural child. Strict statutory construction – giving full effect to both statutes – is necessary in this situation, even though it results in DeMarcus’s receiving a greater share than the other heirs of Janice. It is clear that DeMarcus has the right to inherit pursuant to both section 91-1-3 and section 93-17-13. It is the norm that every adoptee may inherit under both of these statutes, and in fact, it is statutorily required. In the absence of a legislative enactment which states otherwise, DeMarcus may inherit as both an adopted sibling of Janice and as the son of Janice’s natural sister, Stephanie. |
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