Succession of Mitcham

Citations: 513 So. 2d 345; 1987 La. App. LEXIS 10038Docket: No. CA-6369

Court: Louisiana Court of Appeal; September 4, 1987; Louisiana; State Appellate Court

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Floyd and Ann Anderson appeal the dismissal of their petition for declaratory judgment to be recognized as the universal legatees of their uncle Med Mitcham's residual estate. Med Mitcham executed an olographic will on September 5, 1977, and died on November 1, 1984, leaving no direct descendants but surviving collateral heirs, including Floyd Anderson, Sr. Donald Mitcham, the testator’s brother, was appointed as the executor. The will, admitted to probate on November 26, 1984, included specific legacies, one of which was $37,000 to Donald Mitcham. The Andersons claimed the will designated them as residual legatees entitled to the remaining estate, while the executor argued the estate was intestate regarding the residue, necessitating a proportional division among collateral heirs.

After a trial, the court dismissed the Andersons’ petition, ruling that the collateral heirs were entitled to their shares of the estate. The Andersons contended that a clause in the will intended for them to inherit the remaining estate. The executor argued that the testator never intended to leave the residue to the Andersons and that alterations to the will indicated intestacy for that portion. The trial court acknowledged the testator's initial intent to bequeath to the Andersons but concluded he changed his mind due to resentment, evidenced by his behavior after 1980, including his refusal to visit them and his burial location. The court interpreted an alteration in the will as a revocation of the Andersons’ entitlement.

On appeal, the court recognized the trial court's factual findings but determined that manifest error existed in its conclusions. It emphasized that the testator's intent should be ascertained without deviating from the will's terms and that wills should be interpreted to favor testacy over intestacy. The appellate court's review of the evidence led it to conclude that the trial court erred in its interpretation of the will and the testator's intentions.

The will comprises four handwritten pages divided into seven sections. Section I lists specific bequests, including cash, stock, personal items, and antiques, numbered 1a to 22a, and ends midway through page three, which is left blank for potential additional bequests. Page four contains a disputed passage regarding bequests, reflecting alterations made at an unspecified time, likely by the testator, although no trial evidence confirmed this. Notable changes include the insertion of a colon in the disputed bequest and the crossing out of a phrase designating Floyd Stevens Anderson Sr. to make funeral arrangements. Prior to 1980, the testator, Med Mitcham, had a close relationship with the Andersons, but tensions arose due to their behavior after the death of a pet and financial requests, leading Med to stop visiting Inverness. Despite this, testimony from Floyd Anderson and Dr. Mark Parker, the testator’s physician, suggests that Med's health issues, rather than a severed relationship, prevented visits after 1980. Dr. Parker stated that Med intended to leave his estate to Floyd, and the trial court's conclusion that Med’s alterations indicated displeasure with the Andersons is challenged by evidence showing his desire to be buried in Inverness, despite Floyd not being able to arrange the funeral. The will maintains unchanged specific legacies to Floyd and his family despite the alterations.

The evidence and testimony reviewed regarding the will of the testator did not establish sufficient grounds to conclude that he intended to disinherit the Andersons from the balance of his estate. The appellate court emphasized the importance of interpreting the will as written, aligning with established legal precedent that speculation about the testator's intent is not permissible. The insertion of a colon in the phrase "The balance of my estate" was debated by expert grammarians, who noted that a colon typically indicates an upcoming list. However, it was acknowledged that without a subsequent list, the colon could serve as an end-stop, suggesting that the Andersons were indeed to receive the estate's remainder.

Both experts recognized the testator's unconventional writing style, which included grammatical errors, yet maintained that his intent was clear throughout the will. Legal principles dictate that when the testator's intent is ambiguous, all clauses must be examined in context. The language and structure used by the testator in other bequests were found to be consistent with the disputed clause, reinforcing the conclusion that the will intended for the Andersons to inherit the entire estate.

The court rejected the notion that the colon created an ambiguity that could not be resolved by the will's entirety. Ultimately, the trial court's decision was reversed, affirming that the Andersons are entitled to inherit the balance of Med Mitcham's estate.

Med (Percy) Mitcham, on September 5, 1977, executed his last will and testament, revoking any prior wills. He bequeaths his assets to relatives and friends, specifying individual gifts including valuable items and monetary bequests. Key bequests include:

- To Mrs. Marsha Tomberlin: a 1956 Lincoln Continental and an antique caned bergere.
- To Dr. Charles G. Tomberlin: an antique black amour and marble bookends.
- To his sister, Mrs. Merle Mitcham Anderson: $12,000.
- To his brother, Guy Mitcham and wife: $2,000, and to Mrs. Madie Mitcham: $1.
- Several nieces and nephews are each bequeathed $1,000, with specific gifts to others, including a 2.94-carat diamond to Patricia Ann Anderson and shares of Mitcham, Inc. stock to nephews Floyd and Edward Anderson.
- A significant portion, 25% of the net estate after legacies and taxes, is allocated to his brother Donald Mitcham.
- The remaining estate goes to Floyd Stevens Anderson Sr. and his wife, along with specific items to be passed down.

Mitcham appoints Donald Mitcham as executor without bond and Mr. Stanley Levin as attorney and legal advisor. He indicates the potential sale of his business and property at 933 St. Louis Street to settle the estate. Burial wishes are specified for Inverness, Mississippi, with arrangements to be made by Floyd Stevens Anderson Sr. The will, handwritten by Mitcham on four pages, is signed and dated by him.