Mapp v. Chambers
| Docket Number: | 2008-CA-02093-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-12-2010 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Mental capacity - Signature on deed Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 09-12-2008 Appealed from: SCOTT COUNTY CHANCERY COURT Judge: H. David Clark Disposition: SET ASIDE QUITCLAIM DEED Case Number: 2006-0540 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LATOYA MAPP, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND
TESTAMENT AND THE ESTATE OF WILL
FRANK MAPP, JR., DONALD A. PUGH, SR.,
AND DARRYL MAPP |
RANCE N. ULMER |
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| Appellee: | MARILYN MAPP CHAMBERS, INDIVIDUALLY AND AS GUARDIAN OF VIRGINIA MAPP | JANESSA EMONTAN BLACKMON | ||
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 - Mental capacity - Signature on deed |
| Summary of the Facts: | Latoya Mapp, individually and as executrix of the last will and testament of the estate of Will Frank Mapp, Jr., Donald Pugh, Sr., and Darryl Mapp appeal the chancery court’s decision finding that Virginia Mapp was not mentally competent to execute a deed and that the signature of Marilyn Mapp Chambers on the deed was a forgery. |
| Summary of Opinion Analysis: | Issue 1: Mental capacity The Appellants argue that the chancellor committed manifest error in finding that Virginia did not possess the required mental capacity to understand the nature of her actions when she signed the deed. In Mississippi, three ways exist to establish the mental incapacity of a person to execute a deed: the grantor suffered from a total lack of capacity to execute the deed (i.e., that the grantor did not understand the legal consequences of his or her actions); the grantor suffered from a general “weakness of intellect” coupled with either inadequate consideration given for the transfer or a confidential relationship between the grantor and grantee; or the grantor suffered from permanent insanity up to and after the date of execution. At the time the deed was signed, Virginia had been diagnosed with Alzheimer’s disease for two years. It was noted that Virginia was having increased difficulty with her short-term recall, problems keeping a checkbook, and difficulty keeping up with day-to-day activities. At one point, she was hallucinating and had to be admitted to the hospital. Her doctor testified that just a month before the deed was purportedly signed, Virginia was continuing to decline, and he placed her on anti-psychotic medications. The evidence presented supports the assertion that Virginia lacked the mental capacity to sign or affix her signature to any formal agreement or contract to relinquish her rights to any interest she may have had in the property. Issue 2: Signature The Appellants argue that the chancellor committed manifest error in finding that Marilyn did not sign the deed. However, the chancellor used the correct reasoning and law to determine that the deed was not properly acknowledged and that the authenticity of the deed could not be presumed. Marilyn has consistently asserted that she did not sign the deed to transfer the property. Marilyn testified at trial that on the date and at the time the deed was supposedly executed in Forest, she was a teacher in the Jackson Public School System and was at work in Jackson. |
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