Haley, et al. v. Thomas
| Docket Number: | 2002-CA-01230-COA Linked Case(s): 2002-CT-01230-SCT ; 2002-CT-01230-SCT ; 2002-CA-01230-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Bridges, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Wills & estates - Determination of paternity - Section 91-1-15 - Statute of limitations - Intestate succession - Section 91-1-3 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 06-28-2002 Appealed from: Jefferson County Chancery Court Judge: George Ward Disposition: NATASHA GAIL MOTLEY AND DONNIE HOWARD DETERMINED TO BE THE SOLE HEIRS OF EZELL "BOGGIE" THOMAS. Case Number: 97-0162 |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Estate of Ezell "Boggie" a/k/a "Boogie" Thomas, Deceased: Sharon Haley, Jannie Collins, Derick Thomas, Eric Thomas, Timothy Thomas, Lynn Vallian, Dezie Haley, Gayle Haley, Demetria Murry, Jimmy Dale Dixon, Ray Joseph Fountain, Delanious Grinnell and Marion Oliver |
KEVIN DWIGHT MUHAMMAD |
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| Appellee: | Glenda Joyce Thomas, Administrator | CHRISTOPHER E. FITZGERALD ROBERT A. PRITCHARD |
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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 - Determination of paternity - Section 91-1-15 - Statute of limitations - Intestate succession - Section 91-1-3 |
| Summary of the Facts: | Ezell Thomas died intestate. His estate consisted solely of claims for unliquidated damages against R. J. Reynolds Tobacco Co. and others. His sister, Glenda Thomas, filed a petition to administer the estate and named as survivors Dezie Thomas, his mother; Natasha Motley, an illegitimate daughter; Glenda Thomas, a sister; Elisha Clark, a sister; Louise Griffin, a sister; Mamie Fountain, a half-sister; and Marion Thomas, a brother. The estate lay dormant several years later when Glenda filed a petition to distribute funds. The funds were to be divided equally between his three living sisters and his daughter since the decedent’s mother, half-sister and brother who were listed as heirs had died. Glenda had failed to discover the existence of a second illegitimate child, Donnie Howard. Natasha Motley and Donnie Howard filed a request for adjudication of paternity after notice was given of the suit to determine heirs. Also, at that time the children of Mamie Fountain and Marion Thomas petitioned the court to determine the heirs at law in the hope that they could take their parents’ share of the estate. The chancellor found Natasha Motley and Donnie Howard to be the heirs at law of Ezell Thomas. The nieces and nephews of the decedent appeal. |
| Summary of Opinion Analysis: | Issue 1: Statute of limitations The appellants argue that the failure of the illegitimate children of the decedent to file a petition for paternity within the one year statute of limitations bars their ability to inherit through him. Section 91-1-15 provides that in suits to determine heirship either a one year or a ninety-day statute of limitations will apply and this time bar runs independently from the administration of the estate. In instances like the present case where the suit to determine heirship was begun more than one year past the death of the decedent the potential heirs will not have the benefit of either the one year or ninety-day statute of limitations. There is no statutory protection for potential heirs beyond the one year statute of limitations regardless of whether or not the administration of the estate has begun, and the statute of limitations prohibiting suits to determine heirs more than one year beyond the death of the decedent cannot be tolled. Therefore, Natasha and Donnie are barred from recovery under the decedent’s estate. Issue 2: Heirs at law Any consideration of whether or not the appellants are legitimate heirs is moot. The heirs of the estate are determined by the Mississippi laws of intestate succession. Under section 91-1-3, the heirs at law of Ezell Thomas are his brother, sisters and mother and descendants of his deceased brother and sister in equal parts. |
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