In re Last Will & Testament of Wilcher v. Wilcher
| Docket Number: | 2006-CT-01133-SCT Linked Case(s): 2006-CA-01133-COA ; 2006-CA-01133-COA ; 2006-CT-01133-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-06-2008 Opinion Author: Carlson, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wills & estates - Intestate succession - Section 91-1-3 - Delay in probate of will Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Lamar, J. Dissenting Author : Easley, J., without separate written opinion. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 06-08-2006 Appealed from: Leake County Chancery Court Judge: William Joseph Lutz Disposition: The Leake County Chancery Court granted summary judgment in favor of Thomas Karl Wilcher, thereby setting aside the coneyance of property from Connie Wilcher to Lonnie Faulkner, Zachary Faulkner, and Benjamin Faulkner. Case Number: 2003-0047 |
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| Note: | This opinion reverses the Court of Appeals' judgment and remands the case back to the trial court. See the COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO44318.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | IN THE MATTER OF THE LAST WILL AND
TESTAMENT OF MAZIE WILCHER, DECEASED:
LONNIE FAULKNER, ZACHARY FAULKNER AND
BENJAMIN FAULKNER |
ROBERT LOUIS GOZA;
SAMUEL SUTHERLAND GOZA |
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| Appellee: | THOMAS KARL WILCHER, EXECUTOR OF THE ESTATE OF MAZIE WILCHER, DECEASED, AND CONNIE WILCHER | ALAN D. RHEA; DEXTER C. NETTLES |
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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 - Intestate succession - Section 91-1-3 - Delay in probate of will |
| Summary of the Facts: | Thomas Wilcher, executor of the estate of Mazie Wilcher, and Connie Wilcher brought suit to set aside and cancel a deed conveying real property from Connie Wilcher to Lonnie Faulkner, Zachary Faulkner, and Benjamin Faulkner. The court granted summary judgment in favor of Thomas Wilcher. The Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Faulkners argue that the chancellor and the Court of Appeals erred in holding that the death of an owner of land creates a gap in the chain of title which renders it unmerchantable until there is an administration of the estate or an adjudication of heirship. Pursuant to section 91-1-3, when any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts. Absent a will, Connie would have taken title to the property via intestate succession, and a title examination would not have revealed anything more to the Faulkners. The Faulkners also argue that they acted reasonably in relying on Connie’s apparent ownership, since all they knew was that Connie was Mazie’s sole heir and that no estate had been opened, nor will admitted to probate, in the twelve years since Mazie’s death. They also argue that the doctrines of laches and estoppel bar Thomas Karl from probating the will twelve years after Mazie’s death and after they changed their position in reliance on the fact that Mazie died intestate. A will proponent may be estopped from procuring probate where there was fraudulent conduct or long delay in propounding the will for probate during which property of the estate was transferred to subsequent purchasers for value and without notice of the will. Considering all of the evidence that was submitted as part of the summary judgment proceedings, it becomes readily apparent that the chancellor erred in granting summary judgment when there were genuine issues of material fact, such as the delay in probating the will; whether Thomas Karl should be estopped to probate the will twelve years after Mazie’s death; whether Connie had actual knowledge of the will and its provisions; whether the Faulkners acted reasonably in relying on Connie’s apparent ownership; whether the will created a trust and/or conveyed a life estate to Connie; whether Connie had the capacity to execute a deed; whether Connie was under undue influence at the time she executed the deed; and, whether the conduct of any of the parties was fraudulent. |
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