138 So. 3d 205
Miss. Ct. App.2014Background
- Johnnie Lee Jones signed an antenuptial agreement (Mar. 19, 1997) providing that his house at 171 Vine Street would go to his daughter, Bonnie Jones Dixon, upon his death. He married Annie Ruth Jones in June 1997.
- Johnnie executed a will on Sept. 16, 1998, leaving Annie a life estate in the Vine Street home and revoking “any and all previous wills and/or testaments.”
- Johnnie and Annie lived together and claimed the house as their homestead beginning in 2001.
- On Dec. 14, 2005, Johnnie alone signed a quitclaim deed purporting to convey the property to himself and Bonnie as joint tenants with right of survivorship; Annie did not sign and did not know of the deed.
- Johnnie died Jan. 22, 2011; Annie probated the will and remained in possession. Bonnie filed for declaratory judgment asserting ownership based on the antenuptial provision and the quitclaim deed.
- The chancery court admitted the will and denied Bonnie’s declaratory relief, finding the antenuptial provision revoked by the later will and the quitclaim deed invalid as a homestead conveyance without Annie’s signature. Bonnie appealed.
Issues
| Issue | Plaintiff's Argument (Bonnie) | Defendant's Argument (Annie) | Held |
|---|---|---|---|
| Whether antenuptial provision was revoked by the will | "Testament" in will refers only to personal property, so antenuptial devise of real property survived | The will revoked prior testaments/devises generally, and the will unambiguously gave Annie a life estate in the house | The antenuptial provision was a testamentary devise revoked by the later will; provision void |
| Whether Annie contractually waived future rights to the house in antenuptial agreement | Annie renounced rights in the antenuptial agreement; she cannot take under the will if she gave them up earlier | A will can modify an antenuptial agreement; the will superseded the antenuptial provision so Annie’s rights via will control | The will modified/overrode the antenuptial term; Annie’s life estate controlled |
| Whether the 2005 quitclaim deed conveyed the house to Bonnie | The quitclaim created joint tenancy with survivorship, transferring the property so the will’s gift was revoked | The home was homestead property; statute requires spouse join conveyance if married and living together, and Annie did not sign | The deed was invalid as to the homestead because Annie did not sign; quitclaim void |
| Whether Annie had homestead rights despite antenuptial waiver | Annie waived homestead rights by antenuptial agreement | Homestead protection and statutory signature requirement cannot be waived; Annie resided in home and claimed exemption | Annie had homestead rights; signature requirement is statutory and cannot be waived; deed invalid |
Key Cases Cited
- Tunica Cnty. v. Hampton Co. Nat’l Sur., 27 So.3d 1128 (Miss. 2009) (standard of review for questions of law and declaratory judgment)
- Madden v. Rhodes, 626 So.2d 608 (Miss. 1993) (chancellor’s factual findings reviewed for clear error)
- In re Estate of Anderson, 541 So.2d 423 (Miss. 1989) (testamentary intent found in the words of the will)
- Mabus v. Mabus, 890 So.2d 806 (Miss. 2003) (antenuptial agreements are enforceable contracts)
- Kelso v. McGowan, 604 So.2d 726 (Miss. 1992) (contracts may be modified by subsequent agreement/evidence)
- Ward v. Ward, 517 So.2d 571 (Miss. 1987) (spouse must join conveyance of homestead; statutory requirements cannot be waived)
- Rush v. Rush, 360 So.2d 1240 (Miss. 1978) (homestead rights cannot be defeated by unilateral conveyance)
- Minor v. Interstate Gravel Co., 94 So. 3 (Miss. 1922) (pre-marriage options/deeds may be superior to later homestead rights — distinguished)
- Smith v. Smith, 8 So.2d 461 (Miss. 1942) (pre-marriage contracts may have priority over later homestead rights — distinguished)
- Hughes v. Hahn, 46 So.2d 587 (Miss. 1950) (conveyance without spouse joining is null as to both spouses)