Mann v. Buford

Summary

The Mississippi Supreme Court affirmed dismissal of James Arthur Mann’s petition for partition and claim of heirship concerning the estate of William Henry Mann. The court held that Mississippi Code section 91-1-15 barred the claim because James did not seek an adjudication of paternity within the statutory period following William’s death. The court also rejected or found procedurally barred arguments concerning alleged executor de son tort conduct, tolling, and equal protection.

Holdings

1. Section 91-1-15(3)(c) applies both when a natural father inherits from an illegitimate child and when an illegitimate child seeks to inherit from or through the natural father.
2. James's claim of heirship was barred because he filed it more than eighteen years after William's death, outside the period prescribed by section 91-1-15(3)(c).
3. The alleged conveyances of estate property did not toll the limitations period because James did not establish fraudulent concealment that prevented him from learning of his possible heirship claim.
4. The equal-protection challenge was procedurally barred because James did not present it to the chancellor.

Questions Presented

1. Whether Mississippi Code section 91-1-15(3)(c) applies to an illegitimate child seeking to inherit from or through a natural father.
2. Whether the limitations period in section 91-1-15(3) barred James's claim of heirship filed more than eighteen years after William's death.
3. Whether Jackie Buford and Jill Mann acted as executrices de son tort and thereby tolled the limitations period through fraudulent concealment.
4. Whether James's equal-protection challenge to section 91-1-15 was preserved for appellate review.

Disposition

affirmed