In re Estate of Green

Summary

The Supreme Court of Mississippi affirmed the chancery court's judgment setting aside two deeds conveying real property from Arthur Green to his niece, Melvin Louise Banks. The court held that sufficient evidence supported the finding that Green lacked mental competency when he executed the deeds and rejected Banks's arguments concerning undue influence, attorney disqualification, and additional testimony.

Holdings

1. The chancery court did not commit manifest error in finding that Green lacked mental competence to execute the deeds; the deeds were properly set aside.
2. The chancery court did not err by failing to disqualify Banks's attorney or by refusing to permit him to testify after trial because Banks did not offer him as a witness, identify him as a witness, or move to disqualify him before judgment.
3. The chancery court properly denied Banks's motion for reconsideration and to take additional testimony because the proposed testimony was not newly discovered and was available at trial.

Questions Presented

1. Whether the chancery court clearly erred in finding that Green lacked the mental capacity to execute the deeds.
2. Whether the chancery court erred by failing to disqualify Banks's trial attorney, who drafted the deeds and might have been a necessary witness, or by refusing to permit him to testify after trial.
3. Whether the chancery court erred in denying Banks's motion for reconsideration and to take additional testimony.

Disposition

affirmed