Estes v. Estes
111 So. 3d 1223
Miss. Ct. App.2012Background
- Widow’s allowance statute authorizes one year’s support for a surviving spouse/children who were being supported by the decedent; burden to prove support on death.
- Estes died May 18, 2007, testate, with no provision for Young (his wife of nine months); Young renounced the will and sought appraisers, one-year support, and related relief.
- Young had moved out of the marital home in late 2006 and was living separately at the time of Estes’s death; co-executors presented evidence of abandonment.
- Chancellor awarded Young a $12,000 widow’s allowance and also awarded her one-fifth of Estes’s estate despite evidence of abandonment.
- Court reverses both awards: widow’s allowance is not supported by evidence of dependence, and the child’s share award requires remand to assess abandonment/estoppel; case is remanded for appropriate factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Widow’s allowance requires dependency at death | Young was supported by Estes earlier | Young was not being supported at death | Abuse of discretion; not supported |
| Right to a child’s share automatic where no will provision | Young has automatic right under 91-5-27 | Abandonment may estop entitlement | Not automatic; remand for estoppel finding |
| Effect of abandonment on inheritance rights | Evidence supports abandonment estoppel | No finding of abandonment | Remand to determine clear desertion/abandonment and estoppel under Tillman |
| Appropriate order of apportionment after debts and expenses | Widow’s allowance should be deducted prior to division | Valuation issues control | Remand to resolve final accounting before apportionment |
Key Cases Cited
- Byars v. Gholson, 147 Miss. 460, 112 So. 578 (1927) (Miss. 1927) (desertion timing affects widow’s rights to support)
- In re Marshall's Will, 243 Miss. 472, 138 So.2d 482 (1962) (Miss. 1962) (desertion/estoppel can bar inheritance rights)
- Tillman v. Williams, 403 So.2d 880 (Miss. 1981) (Miss. 1981) (clear desertion necessary for estoppel; strict construction otherwise)
- Walker v. Matthews, 191 Miss. 489, 8 So.2d 820 (1941) (Miss. 1941) (estoppel applies to abandonment affecting property rights)
- Williams v. Johnston, 148 Miss. 634, 114 So. 733 (1927) (Miss. 1927) (desertion can estop renouncing or contesting will)