Evans v. Moore
| Docket Number: | 2002-CA-00897-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2003 Opinion Author: Southwick, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Wills, trusts, & estates - Interlocutory appeal Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 05-16-2002 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: ESTATE FOUND TO BE THE OWNER OF AN INSURANCE POLICY. Case Number: 94-12-1351(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ronald Ray Evans |
H. R. GARNER
MALENDA HARRIS MEACHAM |
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| Appellee: | Dean Moore, Executrix of the Estate of Mylinda LouAnn (Rodgers) Evans, Deceased | GERALD W. CHATHAM |
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| Topic: | Wills, trusts, & estates - Interlocutory appeal |
| Summary of the Facts: | Ronald and Mylinda Evans were divorced in April 1996. At a hearing in January 1996, there was a discussion among the chancellor, both parties and their counsel regarding ownership of two term life insurance policies. One policy apparently insured the husband's life and named his wife as beneficiary. The second was said to cover the wife's life and named her daughter, Brooke, as beneficiary. Though both policies have been referenced in these proceedings, the court granted relief only on one policy. Mylinda Evans died of cancer in February 2002. A few weeks before her death, she executed a formal will which properly did not mention insurance policies. Her mother, Dean Moore, was named executrix and filed a petition for a temporary restraining order to prevent her former son-in-law from obtaining any proceeds from insurance on his former wife. The executrix also sought to have Ronald held in contempt for failing to sign over ownership of the policies as agreed at the divorce hearing in January 1996. After a later hearing, the estate's motion for summary judgment was granted. Ronald appeals. |
| Summary of Opinion Analysis: | Ronald and Mylinda Evans were divorced in April 1996. At a hearing in January 1996, there was a discussion among the chancellor, both parties and their counsel regarding ownership of two term life insurance policies. One policy apparently insured the husband's life and named his wife as beneficiary. The second was said to cover the wife's life and named her daughter, Brooke, as beneficiary. Though both policies have been referenced in these proceedings, the court granted relief only on one policy. Mylinda Evans died of cancer in February 2002. A few weeks before her death, she executed a formal will which properly did not mention insurance policies. Her mother, Dean Moore, was named executrix and filed a petition for a temporary restraining order to prevent her former son-in-law from obtaining any proceeds from insurance on his former wife. The executrix also sought to have Ronald held in contempt for failing to sign over ownership of the policies as agreed at the divorce hearing in January 1996. After a later hearing, the estate's motion for summary judgment was granted. Ronald appeals. |
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