In re Estate of Grover v. Harrell
| Docket Number: | 2007-CA-01624-COA Linked Case(s): 2007-CA-01624-SCT ; 2007-CA-01624-COA ; 2007-CT-01624-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Contents of safe-deposit box - Joint tenancy Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, and Roberts, JJ. Dissenting Author : IRVING, J., with separate written opinion. Concurs in Result Only: CARLTON, J. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 09-06-2007 Appealed from: Amite County Chancery Court Judge: Debbra K. Halford Disposition: GRANTED HARRELL’S PETITION FOR THE CONTENTS OF THE SAFE-DEPOSIT BOX TO BE DISTRIBUTED OUTSIDE OF HER DAUGHTER’S ESTATE Case Number: 2006-303 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ESTATE OF MARSHA PAULETTE FORMAN GROVER, DECEASED: ROGER SIMMONS |
RICHARDSON AYRES HAXTON |
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| Appellee: | MARLENE HARRELL | K. MAXWELL GRAVES, WALTER FRED BEESLEY |
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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 - Contents of safe-deposit box - Joint tenancy |
| Summary of the Facts: | Marlene Harrell filed a petition requesting that the contents of a safe-deposit box which she opened with her daughter be distributed to her and not be included in her daughter’s estate. The chancery court granted the petition. The administrator of her daughter’s estate appeals. ANALYSIS: The administrator argues that the safe-deposit-box lease did not create a joint tenancy with a right of survivorship because the agreement merely established joint ownership in the contents and provided the survivor access to the box, but it created no right of survivorship. Where a joint tenancy has been created by a clear and unambiguous agreement, and where there is no evidence to dispute that agreement, the court will hold that a true joint tenancy exists with respect to the contents of a safe deposit box. The distinguishing characteristic of a joint tenancy is the right of survivorship. Here, the contract expressly stated that both Harrell and her daughter were “joint owner[s] of the present and future contents of said box.” The contract created an ownership interest in the $17,000. Further, the language gives the surviving joint owner, in this case Harrell, the right to withdraw the contents. Thus, the plain language of the lease agreement unambiguously created a joint tenancy with the right of survivorship, and the $17,000 passes to Harrell as the surviving joint tenant and should not be included in the daughter’s estate. |
| Summary of Opinion Analysis: | The administrator argues that the safe-deposit-box lease did not create a joint tenancy with a right of survivorship because the agreement merely established joint ownership in the contents and provided the survivor access to the box, but it created no right of survivorship. Where a joint tenancy has been created by a clear and unambiguous agreement, and where there is no evidence to dispute that agreement, the court will hold that a true joint tenancy exists with respect to the contents of a safe deposit box. The distinguishing characteristic of a joint tenancy is the right of survivorship. Here, the contract expressly stated that both Harrell and her daughter were “joint owner[s] of the present and future contents of said box.” The contract created an ownership interest in the $17,000. Further, the language gives the surviving joint owner, in this case Harrell, the right to withdraw the contents. Thus, the plain language of the lease agreement unambiguously created a joint tenancy with the right of survivorship, and the $17,000 passes to Harrell as the surviving joint tenant and should not be included in the daughter’s estate. |
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