In re the Estate of Cynthia Wallace
Annotate this CaseLouis Wallace, personal representative of the Estate of Cynthia Wallace, filed a suit in circuit court against Cynthia’s doctor Dr. Emad Mohammed, alleging wrongful death as the cause of action. After discovering evidence that Louis was never legally married to Cynthia, Dr. Mohamed moved to intervene in the estate proceedings in the Chancery Court. The chancellor allowed the intervention, considered the evidence, and removed Wallace as the administrator, and in his stead, appointed the Chancery Clerk. Subsequently, Dr. Mohamed moved to dismiss the wrongful death action, claiming Wallace lacked standing to bring the suit on behalf of the estate. The circuit court granted the motion and dismissed the wrongful death action “since Plaintiff lacked standing to commence the suit,” and “the Plaintiff lack[ed] standing as a wrongful death beneficiary and there being rightful beneficiaries available to commence a new suit.” Subsequently, Wallace appealed the chancery court’s decision to allow Dr. Mohamed to intervene in the estate proceedings, as well as the decision to remove Wallace as estate administrator. The Mississippi Court of Appeals reversed both chancery court rulings and remanded the case with instructions to reinstate Wallace as the estate administrator. Wallace then appealed the circuit court’s judgment, which had granted Dr. Mohamed’s motion to dismiss the wrongful death suit. Upon review, the Supreme Court found Wallace was not entitled to recover for Cynthia Wallace’s death, and Wallace was not the estate’s representative. The Court concluded the circuit court erred in dismissing the case, but find no error in its dismissing Wallace. The Court vacated the decision of the Court of Appeals and reversed the circuit court’s decision to dismiss the wrongful death suit.
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