Williams v. Farmer
| Docket Number: | 2002-CA-02094-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Dickinson, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Wills & estates - Right of inheritance - Illegitimate unborn child - Section 91-1-15(3)(d)(i) - Section 11-7-13 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P. JJ., Easley, Carlson, Graves and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
|
| Trial Court: |
Date of Trial Judgment: 11-25-2002 Appealed from: Claiborne County Chancery Court Judge: Kennie Middleton Disposition: Ruled that Appellant could not recover wrongful death benefits for an illegitimate child. Case Number: 96-0041 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Derrick Williams |
MICHAEL ELIAS WINFIELD |
||
| Appellee: | Lisa N. Farmer | OMAR LAMONT NELSON DENNIS C. SWEET, III |
|
|
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. |
|
| Topic: | Wills & estates - Right of inheritance - Illegitimate unborn child - Section 91-1-15(3)(d)(i) - Section 11-7-13 |
| Summary of the Facts: | Derrick Williams filed a complaint against Lisa Farmer, seeking to establish himself as an heir of Lisa’s unborn daughter, Asiah Farmer. The chancellor ruled that Williams and his kindred could not inherit from Asiah because Williams had failed to openly treat Asiah as his child and had refused or neglected to provide support. Williams appeals. |
| Summary of Opinion Analysis: | The trial court applied section 91-1-15, and Williams argues that applying that statute is in direct contravention of the legislative intent in creating section 11-7-13. Under section 11-7-13, in order for a father to be entitled to proceeds from a wrongful death action for an illegitimate child, he must establish his right to inherit from the child under section 91-1-15. Williams also argues that it is virtually impossible to comply with section 91-1-15(3)(d)(i) where the decedent is a fetus. Williams has the burden of demonstrating that he openly treated the child as his own and did not refuse or neglect to support her. It is uncontested that Williams is the father of Asiah. The court found that Williams knew that Farmer was pregnant with his child. Williams had no contact with Farmer from 1993 until 1995. Williams did not contribute any support, financial or otherwise to Farmer during her pregnancy or thereafter. Williams did not seek to be present for her birth. Williams did not know of the death of Asiah for approximately two years because he made no effort to be a father to her. Therefore, the trial court’s determination is correct. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
