Raley v. Shirley, 40155
| Decision Date | 01 October 1956 |
| Docket Number | No. 40155,40155 |
| Citation | 228 Miss. 631,89 So.2d 636 |
| Parties | Mrs. W. B. RALEY et al. v. Mrs. Ruth SHIRLEY. |
| Court | Mississippi Supreme Court |
Melvin, Melvin & Melvin, Laurel, for appellants.
Welch, Gibbes & Graves, Laurel, for appellee.
On Friday, April 30, 1954, Miss. Valera Mae Jones, a teacher for many years in the Jones County Agricultural High School and Junior College, died intestate, leaving as her sole and only heir at law a sister of the whole blood Mrs. Ruth Jones Shirley, a widow 66 years of age, to whom her entire estate descended under the statutes of descent and distribution of Mississippi. See Sections 468, 469 and 472, Mississippi Code of 1942. If appears that the mother of Miss Jones and Mrs. Shirley died when they were small children. Their father later remarried and by the second marriage had six children, namely, Edward Jones, Miss Elizabeth K. Jones, Mrs. Mary Ellen Jones Babcock, Mrs. Florence Jones Williamson, Robert C. Jones and Warren C. Jones, who under Section 469, supra, inherited no interest in the estate.
The deceased was buried on the following Sunday, which was May 2, 1954. Mrs Shirley was present as well as Edward Jones and his three sisters. On Monday, May 3rd, Edward Jones approached Mrs. Shirley and told her that he thought that the deceased would want her half-brothers and sisters to share in the estate with her. She was just recovering from two operations for glaucoma and agreed orally that if they would permit her to have one-third of the estate, she would agree that the brothers and sisters of the half-blood could take two-thirds to be divided equall between them. They agreed that day that Mrs. W. B. Raley, Deputy Chancery Clerk and a friend of the family for many years, would be appointed administratrix for the reason that all of the family lived at distant points and none of them could serve. Edward Jones went that night to see Mrs. Raley and she agreed to serve but requested Edward to come to the chancery clerk's office the following morning, which he did. Mrs. Raley again agreed to serve as administratrix provided she could have an attorney of her own choosing. This attorney was present and advised Edward Jones that Mrs. Shirley was the sole heir under the law and that he would have to prepare an instrument for the requested division of the property. He also advised that it would take several hours to prepare all of the papers and requested Edward to meet him back at the chancery clerk's office with Mrs. Shirley at about 4:00 P.M. that day. At the appointed time Edward Jones brought Mrs. Shirley to the chancery clerk's office and the attorney with his secretary came with a petition for appointment of Mrs. Raley as administratrix, together with a waiver to be executed by Mrs. Shirley consenting for Mrs. Raley to serve. He also brought with him an instrument in the form of an order for a division of the estate. Because of the condition of Mrs. Shirley's eyes she was unable to read these papers but they were read to her by Mrs. Raley and Mrs. Baygents, who was the attorney's secretary, and Mrs. Shirley then executed the waiver and the other instrument for a division of the estate, which instrument in full is as follows:
The State of Mississippi,
First District of Jones County.
'For And In Consideration for the love and affection that I had for my sister, Miss Valera Mae Jones during her life time and for the love that I have and hold for her memory since she had departed this life and feeling assured that if she were living she would want her half blood brothers and sisters to share in her estate, I do hereby consent and agree for Mrs. W. B. Raley, the administratrix of the Estate of my dead sister, the said Miss Valera Mae Jones to collect all the assets of her estate, including personal and mixed property and real estate wheresoever located and when converted into money that she divide the same as follows: One-third is to be paid to me and the other two-thirds is to be divided equally among my half brothers and sisters, namely: Edward Jones, Miss Elizabeth K. Jones, Mrs. Mary Ellen Jones-Babcock, Mrs. Florence Jones-Williamson, Robert C. Jones, and Warren C. Jones, share and share alike.
'Witness my signature the 4 day of May, A.D. 1954.
'First District of Jones County.
'Personally appeared before me, Lonnie E. Meador, Chancery Clerk in and for the aforesaid jurisdiction, Mrs. Ruth Jones-Shirley who acknowledged that she signed and delivered the foregoing instrument on the day and year therein written.
'Given under my hand and seal of office on this the 4th day of May A.D., 1954.
'Lonnie E. Meador, Chancery Clerk.'
The next night, Wednesday May 5th, Mrs. Shirley telephoned her son-in-law at Brookhaven, Georgia, and requested him to come and meet her at Waynesboro, Mississippi. This he did and on May 8 1954, Mrs. Shirley gave her son-in-law a power of attorney granting full authority to act for her and in her place in any matter connected with her interest in the estate of her deceased sister.
On June 11, 1954, the administratrix and all of the half brothers and sisters of deceased were notified in writing by Mrs. Shirley's attorney that she was the sole owner of all of the assets of the estate and that anything said or done to the contrary is null, void, and of no effect.
Mrs. Raley proceeded with the prompt administration of the estate and filed her final account on November 9, 1954, and process by publication was obtained upon Mrs. Shirley and all of the half brothers and sisters of the deceased. Mrs. Shirley filed an answer to the account on December 14, 1954. The half brothers and sisters filed a general demurrer thereto on January 3, 1955. And Mrs. Shirley filed an amended answer and claim to the estate on January 10, 1955, after which, on January 13, 1955, the half brothers and sisters filed a special demurrer. The answer and amended answer and claim of Mrs. Shirley charged fraud and undue influence in obtaining the aforesaid order to the administratrix. They...
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