In re Estate of Kendrick v. Gorden
| Docket Number: | 2009-CA-00456-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-26-2010 Opinion Author: Myers, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Wills & estates - Determination of heirs at law - Proof of paternity 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 - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 02-18-2009 Appealed from: Hinds County Chancery Court Judge: J. Dewayne Thomas Disposition: DETERMINED THAT SONJA S. GORDEN WAS A LAWFUL HEIR OF GEORGE H. KENDRICK SR. Case Number: P-2006-683-T/1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | In the Matter of the Estate of George H. Kendrick, Sr., Deceased, George H. Kendrick, Jr., Individually and as Administrator of the Estate of George H. Kendrick, Sr., Cheryl K. Rankin and Cynthia K. Coleman |
ANITA M. STAMPS |
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| Appellee: | Sonja S. Gorden | OTTOWA E. CARTER JR. | ||
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 - Determination of heirs at law - Proof of paternity |
| Summary of the Facts: | In December 2006, Sonja Gorden petitioned the Hinds County Chancery Court for a determination of the heirs at law of George Kendrick Sr. (Kendrick) who had died intestate in September 2006. Following an heirship hearing, the chancery court determined that Sonja had established by clear-and-convincing evidence that she is the biological daughter of Kendrick. Aggrieved, George Kendrick Jr., Cheryl Rankin, and Cynthia Coleman appeal |
| Summary of Opinion Analysis: | Sonja had the burden in this case of proving that Kendrick was her natural father by clear-and-convincing evidence. Where the putative father is deceased at the time of an action to establish paternity, the claimant must offer clear and convincing proof of paternity. The appellants argue that Sonja failed to meet her burden, because her claim is supported merely by “rumor and gossip” which when coupled with compelling DNA results submitted in this case, it cannot be said that Sonja established by clear-and-convincing proof that Kendrick was her natural father. The record shows that Sonja presented evidence beyond mere rumor and gossip, if believed by the chancellor to be credible, to establish that Kendrick was her natural father. The chancellor in this case had before him a witness with personal knowledge of the circumstances surrounding Sonja’s birth. Sonja’s mother, Flossie, provided uncontroverted testimony that she had engaged in sexual relations exclusively with Kendrick at the time Sonja was conceived. Flossie did not list Kendrick, or anyone else, as the father on Sonja’s birth certificate, but she testified that she told Kendrick that he was Sonja’s father. The evidence further revealed that Kendrick thereafter openly acknowledged and treated Sonja as his natural daughter, as exhibited by the declarations he made to others outside the family and by the fatherly conduct he bestowed on Sonja from the time she was a young girl. No evidence was presented that Kendrick had ever expressly disclaimed Sonja as his daughter. With regard to the DNA results, the record reveals that the chancellor took this information into consideration, but ultimately found the results inconclusive on the issue of paternity. There was no error with the chancellor’s findings. In his deposition, Dr. Otteson acknowledged that there are problems with the type of test that was conducted in this case. He indicated that while the test results revealed that it was unlikely that Sonja and Kendrick’s brother are related as uncle and niece, the results were nonetheless inconclusive as to whether Sonja is Kendrick’s biological daughter. |
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