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Young v. O'Beirne

Court of Appeals of Mississippi

June 3, 2014

WILSON YOUNG, APPELLANT
v.
THOMAS J. O'BEIRNE, ADMINISTRATOR OF THE ESTATE OF GLORIA YOUNG, DECEASED, APPELLEE

Page 878

COURT FROM WHICH APPEALED: ADAMS COUNTY CHANCERY COURT. DATE OF JUDGMENT: 11/17/2011. TRIAL JUDGE: HON. HOLLIS MCGEHEE. TRIAL COURT DISPOSITION: ORDERED PARTITION OF REAL PROPERTY, CLOSED THE ESTATE OF GLORIA YOUNG, AND DENIED ALL POST-TRIAL MOTIONS MADE BY THE APPELLANT.

FOR APPELLANT: WILSON YOUNG (Pro se).

FOR APPELLEE: THOMAS M. MCNEELY JR.

BEFORE IRVING, P.J., BARNES AND FAIR, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 879

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

IRVING, P.J.

¶1. The appeal arises from the Adams County Chancery Court's judgment, ordering the partition of real property owned by Wilson Young and the estate of Gloria Young, closing the estate, and denying all of Young's post-judgment motions. Feeling aggrieved, Young, acting pro se, appeals and presents the following issues, which we have recast for clarity: (1) the court erred in denying Young an interest in the estate; (2) the court erred in denying Young's right to his personal property; (3) the court erred in denying Young's motion requesting that Chancellor McGehee

Page 880

recuse from the case; (4) the court erred in not finding that Thomas O'Beirne, the chancery court clerk, and Peggy Stricklin, the chancery court reporter, were concealing documents and transcripts; (5) the court erred in denying Young's right to send a delegate to the docket calls where trial dates were established; (6) the court erred in approving the final accounting, as the final accounting was defective; (7) the court erred in finding that Young's liability claims against Gloria's estate were time-barred; (8) the court erred in denying Young's pretrial pleadings; (9) the court erred in attaching a lien to Young's interest in the estate; (10) the court erred in refusing to correct certain trial transcripts; (11) the court failed to properly find the facts; (12) the court erred in entering an order, sua sponte; (13) the court erred in making only a general reference to credits granted to Young; (14) the court erred in its interpretation of Young's statements regarding the partition; and (15) the court abused its judicial discretion.

¶2. Issues eight through fifteen are merely accusatory statements, and Young does not cite any law or facts to support these accusatory assertions. Therefore, we decline to address those issues. As to his remaining issues, we find no error. Consequently, we affirm the judgment of the chancery court.

FACTS

¶3. On June 21, 1988, the chancery court granted Young and his wife, Gloria, a divorce. In the judgment of divorce, the chancellor awarded Gloria the use and possession of the marital home that she and Young owned as joint tenants with the right of survivorship. The chancellor also ordered Young to pay child support for the parties' three minor children: Tiffany, Tamika, and Tabatha. Gloria continued to live in the home following the divorce until March 11, 1990, when she was murdered by Young.[1]

¶4. Gloria died intestate, owning various items of personal property, along with the previously described interest in the marital home. The chancery court appointed O'Beirne administrator of Gloria's estate. On June 18, 1990, O'Beirne issued a notice to creditors of the estate. Young did not file a claim against the estate within the ninety-day period following publication of the notice.[2]

¶5. Nearly seven years after the publication of the notice to creditors, O'Beirne and Young's three children [3] (the plaintiffs) filed a complaint against Young for contempt, back child support, cancellation of the survivorship clause in the deed, and imposition of a lien against Young's interest in the marital home. The complaint specifically alleged that Young had made no child-support payments prior to or during his incarceration and that a lien should be placed on his interest in the home. The complaint also asked that Young not be allowed to receive title to the home pursuant to the " survivorship clause" in the deed and that he should be required to " relinquish complete control and possession" of the home. Young answered the complaint, alleging that the plaintiffs were

Page 881

not entitled to any of the relief and that the complaint should be dismissed.

¶6. The plaintiffs filed a motion for summary judgment. Young filed an answer to the summary-judgment motion, alleging that he was unable to pay the child support due to his incarceration, that he was still entitled to his one-half interest in the home and should be compensated for his interest, and that there was a contract between him and Gloria regarding the real property, all of which established a genuine issue of material fact. After a hearing, the chancery court granted a partial summary judgment, holding that Young was barred from receiving Gloria's one-half undivided interest in the jointly owned marital domicile. The chancellor ordered that Gloria's interest would pass to the Youngs' three children and granted exclusive use and possession of the property to the three children and Rice, their temporary custodian. All remaining issues were continued to a later date.

¶7. On February 26, 1998, the chancery court entered a judgment finding that Young's child-support arrearage totaled $17,867, plus interest. On July 8, 1998, the court entered an order, at O'Beirne's request, permitting O'Beirne to offer the home for rent and to deposit the money collected from the rent into the estate's bank account.

¶8. On June 25, 2002, O'Beirne petitioned for approval of the first accounting of the estate. The petition also stated that personal property owned by the estate had been sold, and that the proceeds from the sale had been deposited into the estate's bank account. The court approved the accounting. In the judgment approving the accounting, the court granted ...


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