We find that the attorney who prepared the will acted as a mere scrivener and that Reid did not receive independent counsel concerning her will. In re Estate of Moses , So. I commend the decision to your reading both as an object lesson in unethical, dishonest and rapacious conduct by an attorney, and as an exposition on the particular points of law in this case.
An interesting sidelight: two of the attorneys in the case have judicial experience. On September 27, , the Treaty of Dancing Rabbit Creek was signed, putting into motion the first great removal of Native Americans under recently-enacted federal laws. In exchange, the tribe acquired lands in what is now Oklahoma, and the treaty granted US citizenship to any Choctaws who chose to remain peacefully in their former territory.
The county seat was established near the center of the new county, a few miles east of what is now the town of Union. In , Wesley Boler sold his land in Hinds County and purchased land on the stagecoach road in an area known as New Ireland. In , Neshoba County was divided into its present arrangement: Neshoba County to the north, with its county seat in Philadelphia, and Newton County to the south, with its county seat at Decatur. The town of Union grew up near the old county seat at the Neshoba-Newton County line.
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Here is how the property appeared in , in its earliest known photograph:. Boler was, however, enrolled in the Confederate army. He did not offer us an explanation. Boler sold the building after the Civil War to a gentleman who did operate it as an inn and tavern. It is quite possible that Davis stayed there, since his route eastward from his plantation near Natchez would have taken him through the area.
The COA decision in Keyes v. Keyes , handed down March 11, , is noteworthy for a couple of points. Melanie and Dustin Keyes entered into a consent for an irreconcilable differences divorce, leaving custody of their two children to the judge to decide. After a hearing, the chancellor awarded the parties joint physical and legal custody. The COA affirmed. Judge Carlton wrote the opinion for a unanimous court James not participating.
Crider ], the parties filed a written consent to an irreconcilable-differences divorce and asked the chancellor to decide the issues of primary custody, property settlement, and support. Crider , So. The supreme court further stated:.
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The parties are allowing the court to determine what form of custody is in the best interest of the child. If joint custody is determined to be in the best interest of the child using court-specified factors, i. To be sure, unless the parents are capable of sharing joint custody cooperatively, it is incumbent upon a chancellor not to award joint custody. This is for the chancellor to determine as he or she is in the best position to evaluate the credibility, sincerity, capabilities[,] and intentions of the parties.
The court concluded that this issue lacked merit. Daniel , So. The chancellor in Daniel awarded both parents joint legal custody of their minor child, with custody alternating every two weeks.
This arrangement was to continue until the child turned five and entered kindergarten, at which time the father would receive physical custody. We are aware of the fact that a practice of constantly alternating a child back and forth to each parent is not a habit that should be encouraged.
The Mississippi Supreme Court has spoken on this issue on more than one occasion, ruling that it is not in the best interest of a small child to be shifted from parent to parent. Nonetheless, we agree with the chancellor that at such time as the child begins kindergarten, it will be necessary for the child to maintain the stability that is crucial at the beginning stages of her education. Bearing in mind our limited scope of review on appeal, we find that the chancellor did not commit manifest error in awarding joint custody. Therefore, this issue also lacks merit.
I thought it was apropos. Grandparent visitation is a legislative creation that first made its appearance in Mississippi in , and it is now codified at MCA The concept was unknown to the common law. We posted here before that there is no right of sibling or step-parent visitation. That was the question squarely before the COA in the case of Lott v.
Alexander , handed down March 11, It appears from the record that, for whatever reason, the Alexanders have stood in the shoes of their own daugher, who is or was the grandmother of the children with whom visitation was requested.
- Forest for the Trees;
- Quiz Time History;
- The Creation of the Self and Language: Primitive Sensory Relations of the Child with the Outside World.
- The Bright Hours!
- See a Problem?;
Lott appealed. Judge Fair, for the majority, wrote that the statute, which is plain and unambiguous, does not include or even define great-grandparent status. The courts have no authority to expand or add to the scope of an unambiguous statute, so great-grandparent visitation is not available in Mississippi. The outcome in this case should be no surprise.
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The statute is in derogation of common law, and, therefore, must be strictly construed. There is no room for the courts to add great-grandparents, siblings, step-parents, or any other categories of relatives whatsoever. Divorce and Separation in Mississippi at Mercantile Acceptance Corp.
There are no guidelines that I know of, and there is no Mississippi case law on point to my knowldge, so I am offering my opinion as to how you should handle limited-scope representation so that your obligation to the court and the client is, indeed limited: First, and most importantly, have your client sign a contract or representation agreement that specifically spells out exactly what you are agreeing to do, where your representation begins and ends, and includes the acknowledgment by the client that he or she had been fully informed about it and agrees that it is reasonable under the circumstances.
If the scope of representation involves filing pleadings, include in your filing some language informing the court of the limited scope, and include in the request for relief a prayer to be released from further representation after an order or judgment is entered. And, just to be certain, have your client sign off on the pleading. Then make sure your order or judgment specifies that you are released, and a better practice is to have your client sign off on it.
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