Arkansas Court Case: SIDES v. BEENE

ADOPTEE’S RIGHTS IN DEED CASE

Alvalu SIDES v. Linda BEENE, Margie Melhorne, Trecora Hagy, Jim Hagy, Mollie Hagy, Melody Hagy, Beth Welshans, Bradley Welshans, Catherine Welshans Cantor, Cindy Welshans, Vanessa Welshans, & Wilson Welshans 96-1020

SUPREME COURT OF ARKANSAS 327 Ark. 401; 938 S.W.2d 840; 1997 Ark. LEXIS 99

February 24, 1997, Opinion delivered

SUBSEQUENT HISTORY:

As Corrected.

PRIOR HISTORY:

Appeal from Crittenden Chancery Court; Rice Van Ausdall, Chancellor.

DISPOSITION:

Affirmed.

COUNSEL:

Stephen K. Wood, P.A., by: Stephen K. Wood, for appellant. Sloan, Rubens & Peeples, by: Kent J. Rubens and Fletcher Long, Jr., for appellees.

JUDGES:

Annabelle Clinton Imber, Justice.

OPINIONBY: Annabelle Clinton Imber

OPINION: Annabelle Clinton Imber, Justice.

This case involves the construction of a deed, and whether the appellant, an adopted child, was properly excluded from the remainder interest created by the deed. The trial court held that the language in the deed conveying property to the grantee for life, and then to the legal heirs of her body who survived her, created an estate tail, and further held that title to the property reverted to the grantors' estate. We find no error and affirm. On February 24, 1930, T.P. Johnson and Arkie Johnson executed a deed conveying their interest in 160 acres of land located in Crittenden County to their daughter, Lucy Faye Thompson. The granting clause of this deed provided as follows: I do hereby grant, bargain, sell and convey unto the said Lucy Faye Thompson and the legal heirs of her body, and in the event the said Lucy Faye Thompson should die without leaving any legal heirs of her body surviving her, then in that case the hereinafter described property shall revert to the said T.P. Johnson the grantor herein.... T.P. and Arkie Johnson also had two other children, Hazel Welshans and Bernard Paul. Lucy Faye died on October 29, 1993, and was survived by her adopted daughter, the appellant, Alvalu Sides. Lucy Faye did not have any natural children and adopted Sides in March of 1956. The appellees are all descendants of Hazel Welshans and Bernard Paul. Hazel Welshans had six surviving grandchildren: Beth Welshans, Bradley Welshans, Wilson Welshans, Vanessa Welshans, Cindy Welshans, and Catherine Welshans Cantor. Bernard Paul was survived by three children: Linda Beene, Margie Melhorne, and Tecora Hagy; and three grandchildren: Jim Hagy, Mollie Hagy, and Melody Hagy.

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