In re Estate of Taylor v. Butler


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Docket Number: 2008-CA-01411-COA

Court of Appeals: Opinion Link
Opinion Date: 08-17-2010
Opinion Author: Myers, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Wills & estates - Legal heir - Birth certificate - Section 41-57-9
Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES

Trial Court: Date of Trial Judgment: 07-15-2008
Appealed from: Greene County Chancery Court
Judge: D. Neil Harris
Disposition: DETERMINED THAT MELVIN SIMS WAS NOT THE LAWFUL HEIR OF CARRIE DANTZLER SIMS
Case Number: 2006-111-RP

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: In The Matter of the Estate of Regent Taylor, Deceased: Melvin Sims




ORVIS A. SHIYOU JR.



 
  • Appellant #1 Brief

  • Appellee: Dorothy Butler, Bernice Pierce Anderson Butler, Deceased, and heirs-at-law, Authur Debose, Juanita Johnson and Ora Lee Debose MARK ANTHONY MAPLES, WILLIAM HARVEY BARTON  
    Appellee #2:  

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    Topic: Wills & estates - Legal heir - Birth certificate - Section 41-57-9

    Summary of the Facts: In 2006, Dorothy Butler filed a petition in the chancery court asking the court to determine the lawful heirs of Regent Taylor, a female and a resident of Greene County, who died in 1917. Regent had four children, namely, Carrie Taylor, Stark Taylor, Daphne Taylor, and Della Taylor. All four children are now deceased. The chancery court found that Della’s daughter, Carrie, had no natural children of her own. The court determined that Carrie’s sister, Bulah, left as her surviving heirs-at-law the following individuals, listed in no particular order: Ollie Loper, Henry Loper, James Williams, L.J. Williams, Oscar Williams, Glenn Williams, and Melvin Sims. Melvin’s contention in the case was that he is the son of Carrie and, thus, her sole legal heir. In support of his claim, Melvin presented the chancery court a delayed birth certificate, a social security document, and a school record. The chancery court concluded, however, based on what it found to be clear and convincing evidence, that Melvin was not the son of Carrie, but he was the son of Bulah, his natural mother. Melvin appeals.

    Summary of Opinion Analysis: With Melvin’s assertion that he was the sole legal heir of Carrie, Melvin stood to inherit approximately twelve acres of the land through Carrie, who died intestate. But based on the chancellor’s finding that Carrie died intestate without lawful issue and his finding that Melvin is the natural son of Bulah, who also died intestate, Melvin now stands to inherit a proportionate share of the land through intestate succession as Bulah’s heir-at-law. Melvin argues that the chancery court failed to give due weight to the evidence he brought before the court in support of his claim. In support of his claim, Melvin presented the chancery court a delayed birth certificate, a social security document, and a school record. The chancellor did not allow any of Melvin’s documents to be admitted into evidence. The chancellor did not accept the delayed birth certificate, which the record indicates was obtained shortly before this case began, because it was not properly certified as required by section 41-57-9. The item brought forth by Melvin not only lacked the proper seal required by section 41-57-9, it merely was a voided copy of a purported certified copy of a delayed birth certificate. The chancellor did not allow Melvin’s other two documents to be admitted for consideration because these items, in violation of the chancery court’s pretrial order, were not disclosed to the opposing parties prior to trial. The record shows that the chancellor placed considerable reliance on one witness in particular, Juanita Johnson, the daughter of Regent’s deceased daughter, Flossie, and the niece of Carrie and Bulah. Juanita, just shy of her ninetieth birthday when she testified in this matter, provided the chancellor a thorough background of the family’s history with vivid recollections of both hers and Melvin’s childhood, as the documents entered into evidence corroborate. Juanita, who was ten years old at the time Melvin was born, stated that Bulah was Melvin’s natural mother and that Carrie never had any children of her own. Others with personal knowledge of the family dynamics also testified that Bulah was Melvin’s natural mother, and they testified that Carrie had no natural children of her own. Thus, the record adequately supports the chancellor’s conclusion that Melvin was not Carrie’s natural child.


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