Murphy v. Baggett


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Docket Number: 2010-CP-00372-COA
Linked Case(s): 2010-CP-00372-COA

Court of Appeals: Opinion Link
Opinion Date: 07-26-2011
Opinion Author: Lee, C.J.
Holding: Affirmed.

Additional Case Information: Topic: Wills & estates - Withdrawal of funds - Partial disbursement of funds - Award of attorney's fees
Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES

Trial Court: Date of Trial Judgment: 02-01-2010
Appealed from: Lamar County Chancery Court
Judge: James H.C. Thomas, Jr.
Disposition: APPROVED FINAL ACCOUNTING, AUTHORIZED PAYMENT OF ESTATEASSOCIATED EXPENSES, CLOSED ESTATE, AND DISMISSED EXECUTRIX
Case Number: 2008-0102-PR-TH

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: William James Scott Murphy v. Stephenie Velma Baggett




PRO SE



 
  • Appellant #1 Brief

  • Appellee: William James Scott Murphy v. Stephenie Velma Baggett LESTER CLARK JR.  

    Synopsis provided by:

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    Topic: Wills & estates - Withdrawal of funds - Partial disbursement of funds - Award of attorney's fees

    Summary of the Facts: James Boggan died in June 2008 in Hattiesburg. In his will, Boggan designated Stephenie Baggett, Scott Murphy, Randi Pace, and Cindy Hill as residuary beneficiaries of his estate. Baggett was designated executrix of Boggan’s estate. Over the course of settling Boggan’s estate, Murphy filed numerous pro se pleadings alleging various issues relating to the settling of Boggan’s estate. The chancellor denied all of Murphy’s motions, finding specifically that there was neither any evidence of identity theft nor any evidence that funds or real property belonging to Boggan were not included in the accounting and inventory. The chancellor noted that Murphy was acting pro se; thus, he was not entitled to compensation for filing numerous motions, most of which, the chancellor noted, were outside the scope of the matter and superfluous. The chancellor also noted the extensive work performed by the Estate’s attorney, Lester Clark, and awarded him reasonable attorney’s fees. The chancellor ultimately approved Baggett’s final accounting, authorized the payment of estate-associated expenses, ordered the final disbursement of estate funds, closed the estate, and dismissed Baggett as executrix. Murphy appeals.

    Summary of Opinion Analysis: Murphy argues that Baggett forged documents and committed identity theft during the proceedings to settle Boggan’s estate. Murphy has failed to support these allegations with any proof. Murphy argues that Baggett ignored the chancellor’s order to freeze the Estate’s account. Murphy’s brief is unclear as to when or how Baggett may have accessed these funds contrary to the chancellor’s order. In fact, the only withdrawals from this account resulted from the disbursement ordered by the chancellor. This issue is without merit. Murphy argues that the chancellor erred in allowing a partial disbursement of funds prior to the final settlement. Murphy’s argument is unclear as to why the chancellor should be found in error for authorizing this distribution. Murphy argues that he should not have to pay for Clark’s services out of his share of the estate. However, Murphy has failed to cite any applicable law to support his position. Furthermore, in awarding attorney’s fees to Clark, the chancellor noted the extensive work performed by Clark in working to settle Boggan’s estate.


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