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In re Estate of White

Supreme Court of Mississippi, En Banc

December 11, 2014

IN THE MATTER OF THE ESTATE OF CHARLES WILLIAM WHITE, DECEASED:
v.
CHARLES THOMAS WHITE ANITA WHITE, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHARLES WILLIAM WHITE

DATE OF JUDGMENT: 11/23/2011.

COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT. TRIAL JUDGE: HON. PERCY L. LYNCHARD, JR.

TRIAL COURT ATTORNEYS: JOHN THOMAS LAMAR, III, H. R. GARNER, JOHN THOMAS LAMAR, JR., ROBERT R. MORRIS, ROBERT RYAN REVERE.

FOR APPELLANT: JOHN THOMAS LAMAR, III, JOHN THOMAS LAMAR, JR.

FOR APPELLEE: ROBERT R. MORRIS, III, ROBERT RYAN REVERE.

DICKINSON, PRESIDING JUSTICE, FOR THE COURT. WALLER, C.J., RANDOLPH, P.J., KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR. LAMAR, J., NOT PARTICIPATING.

OPINION

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

Page 315

DICKINSON, PRESIDING JUSTICE

¶1. A chancellor held that res judicata prevented an action to set aside certain deed transfers because the issue had been raised in a conservatorship that had been closed. But because the judgment dismissing the conservatorship was not a final judgment on the merits, we reverse.

FACTS AND PROCEDURAL HISTORY

¶2. Charles William White (" Bill" ) and his son Charles Thomas White (" Tommy" ), were partners in a business that owned and operated convenience stores. In 2000, during the course of the partnership, Bill married Anita White. In 2005, Tommy bought his father's share of the partnership for $42,600, but in dissolving the partnership, Bill and Tommy neglected to execute and file deeds transferring the partnership's real property.

Page 316

¶3. In early 2009, Bill's health declined rapidly, and Anita and Tommy began to clash over Bill's healthcare. Tommy wanted his father to receive life-sustaining treatment and Anita wanted her husband to die with dignity. During this time, Tommy realized that he and his father had failed to execute deeds transferring the partnership's real-property assets. Tommy used a durable power of attorney his father ...


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