In the Matter of the Estate of John Davis, Deceased, Daniel M. Thompson, Deceased, and Louise Thompson, Deceased, Lula Mae Davis, Deceased: Eldon Ladner and Regina Ladner Davenport v. Alberta L. O'Neill

Summary

The Supreme Court of Mississippi reviewed the denial of a Rule 60(b) motion seeking to set aside an agreed judgment concerning the administration and conservatorship of several estates. The court held that the appellants failed to establish duress, coercion, or lack of free will, and that the agreed judgment was supported by consideration as a settlement contract. The court affirmed the judgment of the Chancery Court of Stone County.

Holdings

1. The chancery court did not abuse its discretion in denying Rule 60(b)(6) relief because Ladner and Davenport failed to prove that the agreed judgment was obtained through legally sufficient duress, coercion, or deprivation of free will.
2. The agreed judgment was supported by adequate consideration and satisfied the requirements of an enforceable contract because both sides exchanged releases, relinquished claims and interests, and agreed to forego further litigation.

Questions Presented

1. Whether the chancery court abused its discretion by denying relief under Mississippi Rule of Civil Procedure 60(b)(6) from an agreed judgment allegedly signed under duress or coercion.
2. Whether the agreed judgment was void for lack of consideration or otherwise failed to satisfy the elements of an enforceable contract.

Disposition

affirmed