IN THE MATTER OF THE ESTATE OF C.W. WHITE, DECEASED: ANITA WHITE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF C.W. WHITE
CHARLES TOMMY WHITE
OF JUDGMENT: 03/09/2016
COUNTY CHANCERY COURT, HON. PERCY L. LYNCHARD, JR. TRIAL
COURT ATTORNEYS: JOHN THOMAS LAMAR, III ROBERT RYAN REVERE
JOHN THOMAS LAMAR, JR.
ATTORNEYS FOR APPELLANT: JOHN THOMAS LAMAR, III JOHN THOMAS
ATTORNEY FOR APPELLEE: ROBERT RYAN REVERE
RANDOLPH, P.J., KITCHENS AND CHAMBERLIN, JJ.
RANDOLPH, PRESIDING JUSTICE.
Anita White appeals the Chancery Court of DeSoto County's
confirmation of title to certain real property located in
Yalobusha County to Charles Thomas White ("Tommy").
Anita claimed the property through the residuary clause of
Charles William White's ("Bill's") will.
Tommy claimed the property through an earlier conveyance from
his father and long-time partner, Bill. The chancellor found
the earlier conveyance valid. Anita appealed. Finding no
error, we affirm.
AND PROCEDURAL HISTORY
This case is before the Court following remand. The facts of
this case are contained in the prior opinion from this Court:
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 [$21, 318.10], but in dissolving the partnership, Bill
and Tommy neglected to execute and file deeds transferring
the partnership's real property.
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 had given him years before to execute quit-claim
deeds transferring the partnership property to himself.
[Tommy] and Anita continued to clash over who had authority
to make healthcare decisions for Bill, so Tommy filed a
petition for a conservatorship for his father's benefit
and sought appointment as his father's conservator. Anita
filed a counterclaim that challenged Tommy's fitness to
serve as his father's conservator and sought to have
Tommy return all assets he had transferred to himself using
his father's power of attorney. The chancellor agreed
that a conservatorship was appropriate, but he appointed a
third party as Bill's conservator.
When Bill died in June 2009, the conservator filed a motion
asking to be discharged from his duties and to be allowed to
distribute the assets of the conservatorship to Bill's
estate. The parties agreed to an order discharging the
conservator and to a distribution of funds held by the
conservator to Bill's estate. The order noted "that
W.E. Davis is discharged as Conservator for C.[W]. White, and
that formal accounting is waived, " and "this
Conservatorship is closed." The chancellor's order
made no mention of Anita's action to set aside the deed
In February 2010, Anita filed suit to set aside the
quit-claim deeds and to redeem the real property Tommy had
acquired using his father's power of attorney. The
parties filed competing motions for summary judgment. Tommy
argued that the order discharging the conservator barred
relitigation of the conveyances because Anita sought to have
the conveyances set aside in the conservatorship. Anita
argued that the transfers were not in Bill's best
interests and that the transfers should be set aside and the
property returned to Bill's estate. The chancellor held