Legal Opinion · Dissent

Jamison v. Williams

Court of Appeals of Mississippi

Decided November 26, 2013No. 2012-CA-01299-COAPublished

1DissentCarlton, J.

¶ 21. I respectfully dissent from the majority’s opinion, and I would affirm the chancellor’s judgment. In his opinion, the chancellor found the present case akin to In re Estate of Thomas, 883 So.2d 1173 (Miss.2004), since the administrator in both cases failed to provide notice of the administration of the intestate’s estate to the illegitimate heir. An administrator of an estate possesses “a duty to use reasonable diligence to ascertain potential heirs.” Id. at 1177 (¶ 12).2 Administrators also possess the duty to “provide notice to known or reasonably ascertainable illegitimate children…

2Cases cited5 opinions

  1. Smith by Young v. Estate of KingMississippi Supreme Court · 1991
  2. ESTATE OF ROBINSON BY JENNINGS v. GustaMississippi Supreme Court · 1989
  3. Matter of Estate of JohnsonMississippi Supreme Court · 1997
  4. Estate of Thomas v. ThomasMississippi Supreme Court · 2004
  5. Estate of Kendrick v. GordenCourt of Appeals of Mississippi · 2010

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