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In re Willams

December 18, 1998

IN THE MATTER OF THE CONSERVATORSHIP APPELLANT OF THE PERSON AND ESTATE OF JUNE D. WILLIAMS: ESSIE PARKER
v.
CLEMENTINE PARKER APPELLEE



Before Bridges, C.j., Hinkebein, And King, JJ.

The opinion of the court was delivered by: Hinkebein, J.,

DATE OF JUDGMENT: 01/14/97

TRIAL JUDGE: HON. J. N. RANDALL JR.

COURT FROM WHICH APPEALED: GEORGE COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - WILLS, TRUSTS AND ESTATES

TRIAL COURT DISPOSITION: WARD WAS COMPETENT AT TIME OF CONVEYANCE OF REAL PROPERTY; THIRD PARTY COMPLAINT TO SET ASIDE DISMISSED

DISPOSITION: AFFIRMED - 12/18/98

¶1. Essie Parker (Essie), as conservator for the person and estate of June Williams (June), appeals the George County Chancery Court's January 14, 1997 order denying Parker's petition for real estate proceeds, rent, and attorneys fees from Clementine Parker (Clementine), the long time care-giver of June. Essie assigns the following points of error to the Chancellor's decision:

I. THE CHANCELLOR ERRED IN FINDING JUNE D. WILLIAMS COMPETENT TO CONVEY INTEREST IN REAL PROPERTY.

II. THE CHANCELLOR ERRED IN PERMITTING CLEMENTINE AND SHARLENE PARKER TO USE FUNDS, SOCIAL SECURITY AND PROCEEDS FROM THE SALE OF REAL PROPERTY IN THE SUM OF $26,000 WITHOUT A GUARDIAN OR CONSERVATOR APPOINTED TO DISBURSE UNDER THE SUPERVISION OF THE CHANCERY COURT OF GEORGE COUNTY, MISSISSIPPI.

III. THE CHANCELLOR ERRED IN PERMITTING CLEMENTINE PARKER TO RESIDE ON THE PROPERTY OF THE INCOMPETENT AND FINDING THAT THE INCOMPETENT HAD A LIFE ESTATE IN AND TO THE REAL PROPERTY TO THE DETRIMENT OF THE INCOMPETENT.

IV. THE CHANCELLOR ERRED IN REQUIRING THE ORIGINAL PLAINTIFFS TO PAY COURT COSTS AND REASONABLE ATTORNEYS FEES INCURRED BY THE INCOMPETENT.

V. THE CHANCELLOR ERRED IN FINDING THE INCOMPETENT CONVEYED HER INTEREST IN AND TO THE REAL PROPERTY TO THE HEDEGAARDS FOR THE SUM OF $26,000.

VI. THE CHANCELLOR ERRED IN PERMITTING THE PARKERS TO EXPEND THE FUNDS OF THE INCOMPETENT WHEN THEY STOOD IN A FIDUCIARY CAPACITY ...


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