Crosby v. Triplett, 44231

• Decision Date: 13 February 1967
• Docket Number: No. 44231,44231
• Citation: 195 So.2d 69
• Parties: Edna CROSBY v. Carrie TRIPLETT.
• Court: Mississippi Supreme Court

Page 69

195 So.2d 69

Edna CROSBY v. Carrie TRIPLETT.

No. 44231.

Supreme Court of Mississippi.

Feb. 13, 1967.

Boydstun & Boydstun, Louisville, for appellant.

Neal Prisock, Edward C. Prisock, Louisville, for appellee.

BRADY, Justice.

This action was originally brought by appellant under Mississippi Code Annotated section 1270 (1956) wherein she sought to be recognized and decreed as one of the heirs at law of Robert Triplett, who died intestate on April 17, 1965. Robert Triplett left surviving him his widow, Carrie Triplett, who contended that she was his sole surviving heir at law and was therefore entitled to approximately twenty acres of land located in the SW 1/4 of the NE 1/4 and the NW 1/4 of the SE 1/4 of Section 20, Township 15 North, Range 12 East, Winston County, Mississippi. From a decree dismissing appellant's bill of complaint and taxing her with costs this appeal is prosecuted.

Numerous assignments of error are urged by the appellant which we do not have to consider since the determination of the merits of this cause turns upon one cardinal question: Does the preponderance of the direct, reasonable and credible evidence in this case show that the decedent, Robert Triplett, acknowledged that he was the father of appellant and that thereafter he married Mollie Thompson, the mother of appellant, thus making appellant a legitimate child and capable in law to inherit and transmit inheritance as if born in wedlock?

A minute and objective review of the testimony convincingly discloses that the deceased, Robert Triplett, acknowledged Edna Crosby, who was nicknamed 'Pat,' as his daughter. The record further discloses that Robert Triplett's brother, Judge Triplett, admitted that his mother and other relatives had required that Robert Triplett marry Mollie Thompson, appellant's mother. The marriage license introduced in evidence shows that Robert Triplett married Mollie Thompson on November 6, 1906. His second marriage was to Annie Lewis. There were no children of this union. His third wife was Carrie Prince, the appellee here.

The testimony of appellant and her witnesses clearly demonstrates to our satisfaction that Robert Triplett firmly believed and acknowledged that Edna Crosby was his daughter. The record discloses that this acknowledgment took place both prior to and subsequent to the marriage. In addition, the deceased, Robert Triplett, built a home for his daughter, Edna, and her husband, Buster Miller, prior to her marriage. The testimony of Gabrellia Austin, an eighty-seven year old school teacher, is clear and convincing and shows that when Edna was six years old, Robert Triplett brought her to the Greensboro School and enrolled her as his daughter; that when the weather was inclement, he would come and get her; and that Robert recognized her as his daughter at all times. On cross-examination it was shown that Gabrellia taught Edna Crosby until she was almost grown and getting ready to marry.

The record further discloses that after Buster Miller and Edna moved to Muskegon, Michigan, where she lived for twenty years, Robert Triplett visited her frequently. Appellee conceded that Robert Triplett visited Edna there at least four times subsequent...