Richardson v. Cornes
| Docket Number: | 2002-CT-01485-SCT Linked Case(s): 2002-CT-01485-SCT ; 2002-CA-01485-COA ; 2002-CA-01485-COA |
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| Supreme Court: | Opinion Link Opinion Date: 02-17-2005 Opinion Author: Easley, J. Holding: The Judgment of the Court of Appeals is Reversed in Part and Rendered in Part as to the Determination of Heirs-at-Law. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Affirmed in Part as to the Determination of Heirs-at-Law. The Judgment of the Court of Appeals is Affirmed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Reversed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. |
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| Additional Case Information: |
Topic: Wills & estates - Inheritance from illegitimate child - Section 91-1-15 - Doctrine of unclean hands - Equitable estoppel - Judicial estoppel Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. Concur in Part, Dissent in Part 1: Cobb, P.J. Concur in Part, Dissent in Part Joined By 1: Graves, J. Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 07-03-2002 Appealed from: Bolivar County Chancery Court Judge: William Willard Disposition: Entered an order granting authority to settle a claim of the estate and determined heirs-at-law and wrongful death beneficiaries. |
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| Note: | The Judgment of the Court of Appeals is Reversed in Part and Rendered in Part as to the Determination of Heirs-at-Law. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Affirmed in Part as to the Determination of Heirs-at-Law. The Judgment of the Court of Appeals is Affirmed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Reversed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. | |
| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Estate of Kela Richardson, Deceased: Bernice Richardson, Administratrix of the Estate of Kela Richardson |
ELLIS TURNAGE
TAMEKIA ROCHELLE GOLIDAY |
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| Appellee: | Virgil Cornes, Jr., Individually and as the Natural Father and Duly Appointed Guardian of Virgil Cornes, III, a Minor, Jerome Cornes and Julian Cornes | WILLIAM HARVEY GRESHAM, JR. CURTIS D. BOSCHERT |
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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 - Inheritance from illegitimate child - Section 91-1-15 - Doctrine of unclean hands - Equitable estoppel - Judicial estoppel |
| Summary of the Facts: | The Estate of Kela Richardson was opened as a result of wrongful death of Kela Richardson. Kela's mother, Bernice Richardson, was appointed administratrix of the estate and granted letters of administration. Richardson filed a petition for determination of heirs-at-law and wrongful death beneficiaries and a petition for authority to settle a claim of the estate and wrongful death beneficiaries. The court entered an order granting authority to settle a claim of the estate and wrongful death beneficiaries. The court also entered an order determining heirs-at-law and declaring wrongful death beneficiaries to be: Bernice Richardson (mother); Virgil Cornes, Jr., (father); Virgil Cornes, III (brother); Julian Cornes (brother); Jerome Cornes (brother); Chrysanthemum Richardson (sister); Nathan Duwell White (brother) and Kamia White (sister). Following recovery in the wrongful death case, Richardson filed a petition for determination of heirs-at-law and wrongful death beneficiaries and to disinherit natural father, Virgil Cornes, Jr., and his kindred, Kela’s brothers, Virgil Cornes, III, Julian Cornes and Jerome Cornes. The court denied the petition because Richardson, as the administratrix, had previously filed sworn pleadings in which she alleged that the biological father and his children were heirs-at-law. Richardson appealed, and the Court of Appeals reversed the decision. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Court of Appeals held that Richardson's pleadings did not operate as a waiver of Cornes' obligation, under section 91-1-15, the statute governing inheritance from an illegitimate child, to prove that he acknowledged and supported Kela during her lifetime, and that Richardson was not barred under the doctrine of unclean hands from seeking to disinherit Cornes and his children. The doctrine of unclean hands provides that he who comes into equity must come with clean hands. Because of Richardson's and her attorney's actions and representations in obtaining the waivers and joinders, in submitting the Heirship Petition and the Settlement Petition and in obtaining the chancellor's approval of the orders determining Kela's heirs and authorizing the settlement of the wrongful death action, Richardson came before the court with unclean hands when she presented the petition to disinherit and should not be allowed to benefit from such wilful misconduct or such improper, unconscientious, or unjust conduct. In addition, the doctrine of equitable estoppel applies to bar Richardson from seeking to disinherit Cornes and his kindred. The Corneses relied upon the actions and representations of Richardson and her attorney that they would be adjudicated as Kela's wrongful death beneficiaries in joining the Heirship Petition and Settlement Petition and suffered detriment because of the change in position by Richardson. The doctrine of judicial estoppel also applies. |
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