England v. England
| Docket Number: | 2001-CA-01630-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-27-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Wrongful death - Section 11-7-13 - Personal action - Section 91-7-233 - Assignment - Section 11-7-3 - Administration of estate - Section 91-7-63 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers 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: 09-14-2004 Appealed from: Warren County Chancery Court Judge: Vicki Barnes Disposition: BETTY J. ENGLAND'S PURPORTED HOLOGRAPHIC WILL REVOKED AND SET ASIDE; DEMARCUS AND DEMETRIUS ENGLAND DETERMINED TO BE THE SOLE HEIRS AT LAW; WILLIE ENGLAND, JR. REMOVED AS ADMINISTRATOR C.T.A. AND CASSANDRA ENGLAND SUBSTITUTED; THE CONTRACTS OF BETTY ENGLAND AND CASSANDRA ENGLAND WITH SHANNON LAW FIRM ARE VALID; CASSANDRA ENGLAND MAY PURSUE WRONGFUL DEATH CLAIMS OF BETTY ENGLAND. Case Number: 00169-PR |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Estate of Betty J. England Deceased: Willie England, Jr., Administrator C.T.A. of the Estate of Betty England, Deceased |
BARRETT BLAKE TELLER |
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| Appellee: | Cassandra England, as Mother and the Next Friend of Kentrell England, Demarcus England and Demetrius England, Minors | F. EWIN HENSON JAMES D. SHANNON WILLIAM BUCKLEY STEWART |
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| Topic: | Wills & estates - Wrongful death - Section 11-7-13 - Personal action - Section 91-7-233 - Assignment - Section 11-7-3 - Administration of estate - Section 91-7-63 |
| Summary of the Facts: | Betty England executed a holographic instrument prior to her death purporting to convey to Betty's ex-husband, Willie England, Jr., up to one million dollars of any recovery from a law suit arising from Betty's consumption of the drug Rezulin. When Betty died, Willie filed a "Petition for Probate of Holographic Will in the Estate of Betty J. England" in chancery court. Cassandra England, proceeding as the next friend of the wrongful death beneficiaries and heirs at law of Betty England, filed a petition contesting the validity of the holographic instrument and alleging it was superceded by the wrongful death statute. The court found that the holographic instrument is superceded by the wrongful death statute, that the instrument is not a valid assignment, and that Willie must be removed as administrator of Betty's estate in favor of Betty's daughter-in-law, Cassandra. Willie appeals. |
| Summary of Opinion Analysis: | Issue 1: Wrongful death Willie argues that the court erred in determining that his right to recover under the holographic instrument is superceded by the wrongful death statute. Mississippi's wrongful death statute, section 11-7-13, is based on the new cause of action theory. Under that theory, the statute creates a new cause of action that accrues at death in favor of the heirs listed in the statute. Thus, wrongful death is recognized as a tort separate and distinct from other personal injury actions. The statutory purpose of compensating the wrongful death heirs cannot be circumvented by the decedent's will. A wrongful death action cannot become a part of the wrongful death victim's estate except in the circumstance when, as provided by the statute, no statutory heirs survived the wrongful death victim. Willie admits that Betty England's grandchildren are her sole statutory wrongful death heirs. However, he argues that the personal injury action belonged to Betty as of the date it accrued and she was free to devise it as she wished. Section 91-7-233 allows an estate administrator to commence and prosecute any personal action which the decedent might have commenced and prosecuted. Any recovery from such an action becomes an asset of the estate and, like any other asset, is subject to distribution according to the will or according to the law of descent and distribution. Willie also argues that, because it is unknown whether Rezulin actually killed Betty, the wrongful death statute is not implicated. The language of the wrongful death statute indicates that any damages for personal injuries suffered by the decedent during her lifetime are recoverable in the wrongful death suit. This is true even though an action for the personal injuries accrued to the decedent during her lifetime, and could have been prosecuted by the decedent had she lived. Therefore, if Rezulin proximately caused Betty's death, any damages for Betty's personal injuries from Rezulin must be recovered in an action for wrongful death, and could not be recovered by the estate under the survival statute. If Rezulin did not proximately cause Betty's death, there could be no recovery for the heirs under the wrongful death statute. Whether Rezulin killed Betty England is a fact question properly resolved by a trier of fact in an action for Betty's injuries. The proper resolution of this case is to allow the estate administrator to assert both a wrongful death action and a survival action against the manufacturers of Rezulin. If the estate recovers survival damages, then Willie could recover any amount from the estate to which he is entitled under the holographic instrument. Issue 2: Assignment Willie argues that, if the holographic instrument is not a will, then it is a valid assignment of Betty's chose in action for personal injuries from Rezulin. Section 11-7-3 provides that the assignee of any chose in action may sue for and recover on the same in his own name, if the assignment is in writing. Any action for injury to person or property is assignable. The wrongful death claim itself accrues at death for the benefit of the statutory beneficiaries. Because the claim accrues at death, it is impossible for the deceased to assign any interest in the claim. A chose in action for personal injuries that would accrue to the wrongful death heirs cannot be assigned by the wrongful death victim. Issue 3: Administrator Willie argues that the court erred in removing him as administrator of Betty’s estate. Section 91-7-63 provides that the court shall grant letters of administration to the relative who may apply, preferring first husband or wife and then such others that may be next entitled to distribution, if not disqualified, selecting amongst those who may stand in equal right the person or persons best calculated to manage the estate. The person entitled to the estate is entitled to the administration. Because Betty’s grandchildren are the sole wrongful death beneficiaries of Betty England and her sole surviving heirs, the chancellor's selection of Cassandra England, as the guardian of the sole, minor wrongful death heirs, was within her discretion. |
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