Stampley v. Gilbert

• Decision Date: 11 May 1976
• Docket Number: No. 48655,48655
• Citation: 332 So.2d 61
• Parties: J. L. STAMPLEY, Executor of the Estate of Mrs. Gladys Gallagher Stampley, Deceased v. Joe E. GILBERT et al.
• Court: Mississippi Supreme Court

Page 61

332 So.2d 61

J. L. STAMPLEY, Executor of the Estate of Mrs. Gladys Gallagher Stampley, Deceased v. Joe E. GILBERT et al.

No. 48655.

Supreme Court of Mississippi.

May 11, 1976.

Thomas K. Holyfield, Meridian, for appellant.

Singley, Minniece, Hamilton, Neville & Hamill, Meridian, for appelleees.

Before GILLESPIE, ROBERTSON and LEE, JJ.

ROBERTSON, Justice, for the Court:

J. L. Stampley, Executor of the estate of his deceased mother, Mrs. Gladys M. Gallagher Stampley, with court approval, brought suit in the Chancercy Court of Lauderdale County to remove as a cloud on the title of his mother's home in Meridian, Mississippi, a written lease to Joe E. Gilbert, his wife, Mrs. Dorcas L. Gilbert, and his mother-in-law, Mrs. Ethel Humphrey.

When the complainant rested, the court sustained a motion to exclude the evidence and to dismiss the bill of complaint, thus holding in effect that the defendants had a right to perpetually renew the lease.

The original lease was entered into on February 12, 1971, between Mrs. J. R. Stampley, as lessor, and the Gilberts and Mrs. Ethel Humphrey, as lessees, at a time when Mrs. Stampley was in the Gatlin Nursing Home as a patient because she was mentally disturbed and could not look after herself physically.

When Joe Gilbert approached J. L. Stampley about renting his mother's homd for $50 a month, he was advised by J. L. Stamply that his mother was in the nursing home, in no condition to negotiate a lease or to even discuss the matter. Thereafter Joe Gilbert carried on all the negotiations with J. L. Stampley. When it appeared that Gilbert and Stampley had agreed on the terms of a one-year lease, Gilbert had his lawyer draw up the lease contract and he delivered the lease to J. L. Stampley.

J. L. Stampley, without reading the lease, took it to his mother in the nursing home, told her she was renting her home for one year at $50 per month and advirsed her to sign it.

When asked if he read the lease to her, Stampley answered: 'No, sir, because it wouldn't do any good. She wouldn't understand it if you read it to her.' At her son's instance, she signed the lease and Robert J. Stampley, another son, stopped by the nursing home and signed as a witness.

The lease contained these provisions:

'2. It is understood and agreed that the above described real property is a residence located at 513-29th Avenue and that Lessor reserves and excepts from the operation and effect of this indenture of lease the small apartment consisting of two rooms and a bath located in the south part of said residence for as long as Lessor uses said apartment for her personal convenience. It is further understood and agreed that when Lessor no longer uses said apartment it shall revert to lessees under the same terms and conditions herein contained.

'3. The original term of this lease shall begin at 12:01 A.M. on March 1, 1971 and end at midnight on the last day of February, 1972. For the same consideration, Lessor agrees that Lessees shall have the option to renew said lease and extend the term thereof for an additional term of one year on the anniversary hereof and if so renewed and extended, Lessees shall have the same said option on every anniversary thereafter.

'4. The rental is hereby stipulated and agreed to be $600.00 per year for the primary term and for such options as are exercised thereafter payable by Lessees to Lessor in twelve monthly intallments of $50.00 each on or by the 5th day of each month.

'5. It is understood and agreed that Lessor or her heirs and assigns shall pay for all major repairs, taxes, insurance and any and all assesments made by the City or County on the property herein described and it is further understood and agreed that Lessees shall make all minor repairs except that said Lessees shall not be required to expend in excess of $15.00 for said repairs in any one month. It is also understood and agreed that the current appraisal value of the lease premises is $5,800.00.'

The lease was renewed for one year on February 19, 1972. When Gilbert attempted to renew the lease for another year in February, 1973, J. L. Stampley was advised by Gilbert that he had a right to a perpetual renewal of the lease. Stampley refused to have his mother sign the second renewal because there had never been any discussion nor any agreement about a right to perpetually renew. All Stampley had ever told his mother and all she ever understood was that she was renting her home for one year, and that she was renewing the lease for one more year.

On June 28, 1973, J. L. Stampley was appointed Conservator of the person and property of his mother, Mrs. J. R. Stampley, the Chancellor finding in his decree that 'Mrs. J. R. Stampley is physically and mentally incapacitated to look after her person and estate.'

After Mrs. Stampley's death on August 10, 1973, Gilbert probated anitemized claim for repairs to Mrs. Stampley's home in the total sum of $1,967.18 against both the conservatorship and her estate. As authority for this claim, Gilbert attached to it a copy of the February 12, 1971, lease. Under paragraph 5 of the original lease, in addition to paying for all major repairs, Mrs. Stampley obligated herslef, as lessor, to pay all 'taxes, insurance and any and all assessments made by the City or County on the property'.

1971 taxes, with homestead exemption, amounted to $87.00; 1972 taxes to $91.50; and 1973 taxes to $92.00. Mrs. Stampley also paid $46.00 insurance premiums each year. Under the terms of the February 12, 1971, lease, Mrs. Stampley received $50 per month rent or a total of $600 for the year.

The testimony is uncontradicted that Mrs. Stampley, at the time she was...