Deborah Holston v. Conway Houston Ladner
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-CA-01533-COA
IN THE MATTER OF THE ESTATE OF CON
HOUSTON LADNER, DECEASED: DEBORAH
HOLSTON
APPELLANT
v.
CONWAY HOUSTON LADNER, ADMINISTRATOR
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
6/23/2004
HON. SEBE DALE, JR.
PEARL RIVER COUNTY CHANCERY COURT
REID STUART BRUCE
BARRY W. GILMER
NANCE FITZPATRICK STOKES
CIVIL - WILLS, TRUSTS, AND ESTATES
ENTERED ORDER FINDING THAT
APPELLANT’S PROOF OF CLAIM WAS TIME
BARRED.
REVERSED AND REMANDED: 09/20/2005
BEFORE KING, C.J., IRVING AND BARNES, JJ.
IRVING, J., FOR THE COURT:
¶1.
On February 10, 2004, Deborah Holston filed a proof of claim in the amount of $30,733.37
against the estate of Con Houston Ladner. Holston alleged that Ladner’s estate owed her $7,373 for
payment of funeral expenses for Con Houston Ladner and $23,360.37 for the purchase of building
materials and necessary labor for the construction of a dwelling house in which she and Con Houston
Ladner intended to reside. Conway Houston Ladner, the administrator of the estate of Con Houston
Ladner, filed a motion to contest the probated claim, asserting that the claim was untimely and therefore
barred. In response, Holston filed a motion to allow the proof of claim. A hearing was held on the matter
in the Chancery Court of Pearl River County, Mississippi, and the chancellor issued a memorandum ruling
in which he held that Holston’s filed claim was time barred.
¶2.
Feeling aggrieved by the chancellor’s ruling, Holston appeals and asserts the following issues which
we recite verbatim: (1) whether a creditor’s actual knowledge of the pendency of an estate obviated the
administrator’s affirmative duty to literally comply with the statutory requirements of Mississippi Code
Annotated § 91-7-145 (1972), (2) whether the due process requirements of the Fourteenth Amendment
of the United States Constitution, combined with the statutory requirements of MississippiCode Annotated
§ 91-7-145 (1972), mandate that notice by mail be provided to Deborah Holston, and (3) whether the
administrator’s failure to identify Deborah Holston as a creditor amounts to a fraud upon the court and
should serve to invalidate the affidavit identifying creditors.
¶3.
We find that the chancellor erred in holding that Holston’s claim was time barred without first
determining whether Holston was a reasonably ascertainable creditor of Ladner’s estate. Consequently,
we reverse and remand the chancellor’s ruling for further proceedings consistent with this opinion.
FACTS
¶4.
Con Houston Ladner died intestate on September 29, 2003. The son of the deceased, Conway
Houston Ladner (hereinafter administrator), was named administrator of the estate. On October 31, 2003,
the administrator filed an affidavit of notice to creditors stating that there were no known creditors of the
estate even though the administrator knew that Holston had paid the funeral expenses for Con Houston
Ladner. Consequently, the administrator sent no notices to creditors, not even to Holston.
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¶5.
However, the administrator published in The Poplarville Democrat on November 6, 13, 20, and
27, 2003, a notice to creditors, informing them that they had ninety days from the date of the first
publication to properly probate any claims against the Estate of Con Houston Ladner. Holston learned of
the pending probate proceedings on November 13, 2003, by reading in The Poplarville Democrat the
published notice to creditors. Acting on the knowledge acquired, Holston contacted her attorney on
November 17, 2003, and informed her attorney of the publication of the notice to creditors. However,
Holston mistakenly informed her attorney that the date of the first publication was November 13, 2003,
and her attorney erroneously used this date as the start date for the running of the ninety-day statute of
limitation.
¶6.
On February 10, 2004, Holston filed an affidavit and proof of claim for $30,733.30 against
Ladner’s estate. The breakdown of the claim is as follows: (1) payment of funeral expenses in the amount
of $7,373 to White Funeral Home for the funeral of Con Houston Ladner, and (2) purchase money for
building materials and necessary labor for the construction of a dwelling house in the amount of $23,360.37.
Holston contends that before Con Houston Ladner’s death, she and Con Houston Ladner orally contracted
that Con Houston Ladner would furnish the real estate upon which a dwelling house was to be constructed,
and she would furnish the purchase money for building materials and labor necessary for the construction
of the dwelling house. Holston also contends that the decedent’s son, Conway Houston Ladner, knew of
this arrangement between her and his father.
¶7.
The chancellor ruled that Holston’s claim was time barred, since, based on the date of the first
publication of the notice to creditors, the ninety-day period in which to properly probate a claim against
Ladner’s estate expired at the end of the day on February 4, 2004. Therefore, the chancellor disallowed
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Holston’s claim without reaching the merits of it or determining whether Holston was a reasonably
ascertainable creditor of Ladner’s estate.
STANDARD OF REVIEW
¶8.
We will not disturb the factual findings of a chancellor unless such findings are manifestly wrong or
clearly erroneous. In re Conservatorship of Bardwell, 849 So. 2d 1240, 1245 (¶ 16) (Miss. 2003)
(citing Bowers Window & Door Co. v. Dearman, 549 So. 2d 1309, 1312-13 (Miss. 1989)). Whenever
there is substantial evidence in the record to support the chancellor’s findings of fact, those findings must
be affirmed. Id. (citing Denson v. George, 642 So. 2d 909, 913 (Miss. 1994)). In matters that are
questions of law, this Court employs a de novo standard of review and will only reverse for an erroneous
interpretation or application of the law. Morgan v. West, 812 So. 2d 987, 990 (¶ 8) (Miss. 2002) (citing
Bank of Miss. v. Hollingsworth, 609 So. 2d 422, 424 (Miss. 1992)).
ANALYSIS AND DISCUSSION OF THE ISSUES
¶9.
Although Holston assigns several issues for our resolution, the crux of her argument is that the
administrator’s failure to strictly comply withthe requirements of Mississippi Code Annotated section 91-7145 (Rev. 2004) prevented the running of the ninety-day statutory time period in which she had to probate
her claim against Ladner’s estate. Therefore, we restrict our discussion to this central issue. Holston
contends that she should have been provided actual notice by mail in accordance with the provisions of
section 91-7-145.
¶10.
The administrator of the estate counters that Holston’s claim was untimely and therefore barred.
The administrator contends that Holston’s due process rights were not violated by lack of notice by mail
because Holston received actual notice from a copy of the published notice to creditors, which gave the
dates applicable to the running of the statute of limitations. The administrator also contends that there is
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no evidence that the administrator considered Holston to be a creditor of the estate or that the administrator
even had knowledge of Holston’s claim.
¶11.
Mississippi Code Annotated section 91-7-145 (Rev. 2004) states in pertinent part:
(1) The executor or administrator shall make reasonably diligent efforts to identify persons
having claims against the estate. Such executor or administrator shall mail a notice to
persons so identified, at their last known address, informing them that a failure to have their
claim probated and registered by the clerk of the court granting letters within ninety (90)
days after first publication of notice to creditors will bar such claim as provided in section
91-7-151.
(2) The executor or administrator shall file with the clerk of the court an affidavit stating that
such executor or administrator has made reasonably diligent efforts to identify persons
having claims against the estate and has given notice by mail as required in subsection (1)
of this section to all persons so identified. . . .
¶12.
As we have already mentioned, the chancellor found that Holston’s claim was time barred because
she had actual notice of the notice to creditors, notwithstanding the fact that she did not receive any notice
from the administrator in compliance with the requirements of section 91-7-145. In other words, the
chancellor found that the statutory requirements of section 91-7-145 were satisfied when Holston saw the
published notice to creditors within the time period in which to file her claim.
¶13.
The MississippiSupreme Court has held that “[t]he statute [section 91-7-145] does not specifically
allow for notice by publication as a substitute for actual notice by mail; rather, notice by publication is a
requirement in addition to providing creditors notice by mail.” Estate of Petrick v. Mississippi
Neurosurgery, P.A., 635 So. 2d 1389, 1393 (Miss. 1994). “It stands to reason that the notice by
publication requirement is to further ensure that those creditors who were served by mail are reminded of
the time limit to file claims, as well as to give constructive notice to creditors who could not be ascertained
through reasonably diligent efforts.” Id. The Mississippi Supreme Court also has held that a “reasonably
ascertainable creditor” is one who is discoverable through “reasonably diligent efforts.” Id. at 1395.
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¶14.
Accordingly, we reverse the chancellor’s ruling and remand the case for a factual determination by
the chancellor as to whether Holston was a reasonably ascertainable creditor. If on remand the chancellor
finds that Holston was a reasonably ascertainable creditor, then he shall adjudge that Holston’s claim was
timely filed since she was not sent any notice by the administrator as required by section 91-7-145. If
Holston is a reasonably ascertainable creditor of the estate, a strict and literal interpretation of Mississippi
Code Annotated section 91-7-145 (Rev. 2004) mandates that she be given notice by mail by the
administrator before the ninety days specified in Mississippi Code Annotated section 91-7-151 (Rev.
2004) begins to run. However, nothing contained in this opinion shall be interpreted as a comment upon
the merits of Holston’s claim, and, if the chancellor determines that Holston’s claim was timely filed, the
administrator still shall be free to contest Holston’s claim on the merits pursuant to the provisions of
Mississippi Code Annotated section 91-7-165 (Rev. 2004).
¶15. THE JUDGMENT OF THE CHANCERY COURT OF PEARL RIVER COUNTY IS
REVERSED AND REMANDED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE
APPELLEE.
KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, GRIFFIS, BARNES
AND ISHEE, JJ., CONCUR.
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