Willena Jenkins v. DeMarcus Deante Jenkins
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-CA-01166-COA
WILLENA JENKINS, IN HER CAPACITY AS
ADMINSTRATRIX OF THE ESTATE OF JANICE
KAYE JENKINS, DECEASED
APPELLANT
v.
DEMARCUS DEANTE JENKINS
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
6/21/2007
HON. DEBBRA K. HALFORD
PIKE COUNTY CHANCERY COURT
JAMIE G. HOUSTON
T. MACK BRABHAM
EDWIN L. BEAN
CIVIL - WILLS, TRUSTS, AND ESTATES
DEMARCUS JENKINS ENTITLED TO TWO
SHARES OF THE NET ESTATE
AFFIRMED - 9/16/2008
BEFORE MYERS, P.J., CHANDLER AND BARNES, JJ.
BARNES, J., FOR THE COURT:
¶1.
Willena Jenkins, administratrix of the estate of her daughter, Janice Jenkins, appeals the
judgment of the Chancery Court of Pike County, which determined that one of Janice’s heirs at law,
DeMarcus Deante Jenkins, would inherit two shares of the estate. The chancellor found DeMarcus
entitled to inherit as both an adopted sibling of the decedent, Janice, and as the surviving child of
Janice’s predeceased sister. We find no error and affirm.
SUMMARY OF FACTS AND PROCEDURAL HISTORY
¶2.
On January 20, 2007, Janice died intestate in Pike County without a spouse, surviving
children, or more remote lineal descendants. Janice had been disabled since March 1999 due to an
alleged medical malpractice incident. Since that time, she had been in a persistent vegetative state.
A lawsuit over the matter was settled, resulting in a large part of the estate at issue.
¶3.
At the time of her death, Janice was a ward under a pending conservatorship proceeding in
the Chancery Court of Pike County. A decree was entered converting the conservatorship to an
administration of Janice’s estate and appointing Willena as the administratrix. During the course
of the administration of the estate, Willena filed a petition for adjudication of heirship to determine
Janice’s heirs at law. Proper notice was given to all of Janice’s possible heirs. On May 29, 2007,
a hearing was held on the petition. The chancery court adjudicated the following individuals to be
Janice’s heirs-at-law: (1) Willena Jenkins, living mother; (2) Edward Jenkins, Jr., living father; (3)
Glenn Edward Jenkins, living brother; (4) Linda Faye Jenkins Adams, living sister; (5) Lisa
Michelle Jenkins, living sister; (6) John Ellis Jenkins, living brother; (7) Shirley Rosetta Jenkins,
living sister by adoption; and (8) DeMarcus Deante Jenkins, living minor brother by adoption.
However, one of Janice’s sisters, Stephanie Ann Jenkins, had predeceased her. Stephanie left one
living descendant, her minor son and natural child, DeMarcus. However, subsequent to his mother’s
death, on April 18, 1997, DeMarcus was lawfully adopted by his grandparents, Willena and
Edward.1 According to the parties’ stipulation of facts, the adoption decree did not preclude or limit
the right of DeMarcus to inherit from the estate of his mother, Stephanie.
¶4.
Also on May 29, 2007, Willena filed a petition for allowance of certain claims and other
relief. Within the petition, Willena requested the chancery court adjudicate the apportionment of
the estate as it pertains to DeMarcus because of the unusual situation that had arisen. On the one
hand, under the applicable statute regarding intestate succession, each of the enumerated heirs would
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Willena and Edward adopted another child, Shirley Rosetta on April 18, 1997, as well;
however, she is not a descendant of one of Janice’s natural siblings.
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receive a one-eighth share of Janice’s estate. Therefore, DeMarcus would be entitled to inherit the
share of his deceased mother, Stephanie. On the other hand, as a result of his adoption by Willena
and Edward, DeMarcus would also be entitled to inherit as Janice’s adopted brother. Thus, Willena
specifically requested the chancellor to determine if DeMarcus would inherit one one-eighth share
of the estate or if DeMarcus would inherit two one-ninth shares of the estate.
¶5.
On June 21, 2007, a hearing was held on the petition, and a final judgment was entered
regarding DeMarcus’s shares. The chancellor found that Janice’s heirs at law would each receive
a one-ninth share of her estate, with the exception of DeMarcus, who would receive two one-ninth
shares. The chancellor duly noted “the apparent inequity that is resulting” from her judgment but
she stated the matter warranted strict statutory construction. Willena subsequently appealed this
determination.
STANDARD OF REVIEW
¶6.
Whether DeMarcus should receive one or two shares of Janice’s estate is a question of law.
This Court reviews questions of law de novo. Estate of Yount v. McKnight, 845 So. 2d 724, 726 (¶8)
(Miss. Ct. App. 2003) (citing Estate of Jones v. Howell, 687 So. 2d 1171, 1174 (Miss. 1996)).
DISCUSSION
WHETHER THE CHANCERY COURT ERRED IN DETERMINING THAT
DEMARCUS WAS ENTITLED TO TWO SHARES OF JANICE’S NET ESTATE.
¶7.
This case requires that we analyze the statutory framework surrounding the unique factual
circumstances, which are undisputed. Both parties agree that the two determinative statutes are
Mississippi Code Annotated section 91-1-3 (Rev. 2004), which deals with intestate succession of
real property,2 and Mississippi Code Annotated section 93-17-13 (Supp. 2007), which relates the
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Mississippi Code Annotated section 91-1-11 (Rev. 2004) provides that unbequeathed
personal estate shall descend in the same manner as real estate.
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effect of adoption on inheritance. However, the parties disagree on the interpretation and outcome
of these two statutes when read together.
¶8.
Section 91-1-3 provides in relevant part that when an individual dies intestate, the following
occurs:
When there shall not be a child or children of the intestate nor descendants of such
children, then to the brothers and sisters and father and mother of the intestate and
the descendants of such brothers and sisters in equal parts, the descendants of a sister
or brother of the intestate to have in equal parts among them their deceased parent’s
share.
Miss. Code Ann. § 91-1-3. DeMarcus’s mother, Stephanie, was the decedent Janice’s sister. This
statute preserves the right of DeMarcus to inherit his deceased mother’s portion of Janice’s estate,
as his mother’s sole descendant. Thus, under this statute, DeMarcus would receive an equal share
of Janice’s net estate, also divided among Janice’s other heirs at law.
¶9.
The other applicable statute, section 93-17-13 states in part that:
The final decree [of adoption] shall adjudicate, in addition to such other provisions
as may be found by the court to be proper for the protection of the interests of the
child; and its effect, unless otherwise specifically provided, shall be that (a) the child
shall inherit from and through the adopting parents and shall likewise inherit from
the other children of the adopting parents to the same extent and under the same
conditions as provided for the inheritance between brothers and sisters of the full
blood by the laws of descent and distribution of the State of Mississippi . . . .
Miss. Code Ann. § 93-17-13 (emphasis added). This section clearly provides that DeMarcus, as the
adopted son of Janice’s mother and father (his natural grandparents), would be treated as Janice’s
adopted brother for inheritance purposes. Because the adoption at issue occurred between related
family members, an unusual situation arises, as DeMarcus occupies two positions for inheritance
purposes: as the sole heir to his mother’s share of Janice’s estate through the statutory right of
representation, and as Janice’s adopted sibling.
¶10.
Case law in Mississippi is also clear that, in the absence of a statute or decree to the contrary,
an adoptive child inherits from both natural and adoptive parents. Sledge v. Floyd, 139 Miss. 398,
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407-08, 104 So. 163, 165 (1925) (adoption statute not “intended to deprive children of their rights
to inherit from their natural parents and blood relatives”; adopted child held entitled to portion of
natural grandfather’s estate). In the more recent authority, Alack v. Phelps, 230 So. 2d 789, 793
(Miss. 1970), the Mississippi Supreme Court has continued to hold that Mississippi’s adoption
statutes do not terminate the right of the child to inherit from his natural parents. See also Warren
v. Foster, 450 So. 2d 786, 787 (Miss. 1984) (holding that the right of an adoptive child to inherit
from both natural and adoptive parents remains pursuant to section 93-17-13). The Alack court
notes this holding is in accordance with the clear intent of the Legislature, stating:
While the effect of a final decree of adoption is that the natural parent or parents will
not inherit by or through the child, and all parental rights are terminated,
Mississippi’s adoption law does not state in any shape, form or fashion that the right
of the child to inherit from its natural parents is terminated. We think the intent of
the legislature is clear; they intended for the child to continue to inherit from his or
her natural parents.
Alack, 230 So. 2d at 792-93 (emphasis added) (citing Sledge, 139 Miss. at 408, 104 So. at 165; 2
C.J.S. Adoption of Children § 63(c) (1936) (in absence of statute to the contrary, adopted child “still
inherits from or through his blood relatives, or his natural parents”)); see also Robert A. Weems,
Wills and Administration of Estates in Mississippi, §1:9 (3rd ed. 2003) (as statute is silent regarding
child’s right to inherit from “natural family and their kindred[,] . . . the right to inherit that the child
had prior to the adoption remains intact”). The public policy behind continuing to allow adoptive
children to inherit from their natural parents is “to protect minor children from losing their birthright
without consent or knowledge. The tendency of the courts is to construe adoption statutes so as to
benefit the child.” Estate of Yount, 845 So. 2d at 727 (¶10) (citing Alack, 230 So. 2d at 792-93).
Additionally, Alack pronounces that since adoption statutes are in derogation of the common law,
they are to be strictly construed. Alack, 230 So. 2d at 793.
¶11.
Willena bases her argument on rules of statutory construction. She cites the axiom that when
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two statutes encompass the same subject matter, they must be read together, along with the
legislative intent. Wilbourn v. Hobson, 608 So. 2d 1187, 1191 (Miss. 1992). The majority of
Willena’s argument, however, relies on the doctrine in pari materia. This doctrine of statutory
construction states that if a statute is ambiguous, the court must resolve the ambiguity by interpreting
the statute consistently with other statutes on the same or similar subject matter. State ex rel. Hood
v. Madison County, 873 So. 2d 85, 90 (¶19) (Miss. 2004). Accordingly, Willena claims that
Mississippi’s intestate succession statute, section 91-1-3, should be construed in pari materia with
the adoption statute, section 93-17-13. To utilize this doctrine, the legislative intent as a whole must
be derived from the statutes at issue, as the inconsistencies of one statute may be resolved by looking
at another statute on the same subject. Wilbourn, 608 So. 2d at 1191. Willena concludes that
legislation on the same subject matter must be harmonized to fit into the dominate policy of their
subject matter, citing Andrews v. Waste Control, Inc., 409 So. 2d 707, 713 (Miss. 1982).
¶12.
Willena contends that the legislative intent of section 93-17-13 is to elevate the adopted child
to the same level as the natural child, but not to raise the adoptive child higher than the natural child.
The ultimate effect of the chancellor’s ruling, Willena claims, goes further than the Legislature
intended and has the effect of penalizing the other heirs at law. Willena argues that the better
analysis is to have DeMarcus inherit, under the laws of descent and distribution, from Janice solely
as the adopted brother of Janice. Willena explains this will protect the right of DeMarcus as an
adoptive child toward his adoptive family. Further, she claims that the rights of DeMarcus as an
adopted brother have superceded his rights as a descendant of his deceased mother – Janice’s natural
sister.
¶13.
We are not persuaded by Willena’s arguments. We agree with the chancellor that strict
statutory construction – giving full effect to both statutes – is necessary in this situation, even though
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it results in DeMarcus’s receiving a greater share than the other heirs of Janice. It is clear that
DeMarcus has the right to inherit pursuant to both section 91-1-3 and section 93-17-13. It is the
norm that every adoptee may inherit under both of these statutes, and in fact, it is statutorily
required. This case has an unusual outcome only because the adoptive parents and the natural parent
are related. We find no instance where Mississippi’s inheritance statutes force the heir to choose
under which statute he will inherit, as Willena advocates. In the absence of a legislative enactment
which states otherwise, DeMarcus may inherit as both an adopted sibling of Janice and as the son
of Janice’s natural sister, Stephanie.
¶14.
In response to Willena’s arguments on statutory construction, we find that it is the unusual
factual circumstance of the case which leads to the unusual legal result, not inconsistencies between
the statutes themselves. The two statutes are not in conflict or ambiguous, as required in order to
apply the doctrine of in pari materia. Therefore, “harmonizing” the statutes to produce a more
logical outcome is improper. Even if we were to interpret the statutes in pari materia, when we
examine the legislative intent of similar statutes, we find the chancellor’s ruling proper. As Alack
states regarding Mississippi’s adoption statutes, “the legislative intent is clear; they intended for the
child to continue to inherit from his or her natural parents.” Alack, 230 So. 2d at 793. This clearly
expressed legislative intent is in direct conflict with Willena’s proposed solution, which is to ignore
DeMarcus’s birthright position as the heir to his mother’s share of the estate and allow him to inherit
only as the decedent’s adopted brother. The adoption statute clearly does not terminate the right of
the adopted child to inherit from his or her natural parent or blood relative. Alternatively, ignoring
DeMarcus’s adoptive status flies in the face of the legislative intent as well, because the adoption
statutes were created to protect the child. Even though, in this unique instance, because the adopted
parents are related to the natural parent, the “protection” places the “adopted,” but also related, child
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in a higher position than the other related heirs at law, it is well established in Mississippi that
adoption statutes must be strictly construed, as they are in derogation of the common law. Alack,
230 So. 2d at 793.
¶15.
As for Willena’s claims that DeMarcus’s inheriting two shares of the estate is inequitable,
we find that any other result would contradict the legislative policy established through the adoption
statute to protect the inheritance rights of adopted children. In this special circumstance, where the
adoptive parents are related to the adopted child and to one of the child’s natural parents, any
perceived inequity of a dual inheritance could be eliminated by limiting the adopted child’s right to
inherit from the adoptive kindred in the final adoption decree. See Miss. Code Ann. § 93-17-13
(providing that the final decree of adoption shall adjudicate that the child shall inherit from and
through the adopting kindred “unless otherwise specifically provided”).
¶16.
Finally, we find it unnecessary to distinguish the case law from other jurisdictions that
Willena cites that have allowed or disallowed dual inheritances in a variety of situations. The
determinative law of this case is statutory and specific to Mississippi.
CONCLUSION
¶17.
Based on the foregoing reasons, we find the chancellor did not err in ruling that DeMarcus
is entitled to two one-ninth shares of Janice’s estate. Accordingly, we affirm the judgment of the
Chancery Court of Pike County.
¶18. THE JUDGMENT OF THE CHANCERY COURT OF PIKE COUNTY IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE,
ROBERTS AND CARLTON, JJ., CONCUR.
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