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Smalley v. Parks6/24/2003
Opinion Vote: AFFIRMED.
Rahmeyer, C.J., and Shrum, J., concur.
Opinion:
Shirley Joanne Smalley petitioned for a declaratory judgment from the probate division of the Circuit Court of Hickory County declaring her the equitably adopted child of Simon D. Parks, who died intestate, and as such, the sole heir of the estate of the decedent. Following a bench trial held on June 6, 2002, the trial court found against Petitioner. This appeal followed.
Shirley ("Appellant") was born in Johnson County, Missouri, on October 30, 1934, to Everett V. Williams and Thelma F. Walrath Williams. The couple separated when she was very young, and she lived with her mother for approximately two years following their separation. Her parents divorced in 1940 or 1941. When her mother became ill with tuberculosis, Appellant stayed with cousins in Postoak, Missouri for approximately two years until her natural father moved her to Denver, Colorado. She resided with him for another two years until she herself became ill with tuberculosis and was hospitalized in Denver. After approximately two years there, Appellant was transferred to the sanitarium at Mt. Vernon, Missouri, where her mother worked.
On November 23, 1947, her mother married Simon D. Parks. Appellant lived with her mother ("Thelma") and Mr. Parks ("Simon") after her release from the hospital, at the age of thirteen. Thelma and Simon had no other children.
Appellant remained with Thelma and Simon until she left home to marry Jack Jackson on October 18, 1952. She was almost eighteen years old at the time she and Jack moved to Kansas City. Appellant's natural father was living in Kansas City at the time, and Everett Williams signed the consent for the couple to marry. Everett attended the wedding, although Thelma and Simon did not. Appellant testified that she and her new husband lived with Everett Williams for a couple of months in Kansas City, after which time the couple moved to Joplin.
Appellant's two children were born in Joplin. At some point, Appellant returned to live in Kansas City, where her natural father also resided. When Everett Williams became ill, Appellant testified that she and her children visited with him on several occasions until he died in May of 1967.
Thelma Parks died testate in January of 1995. Simon was the sole beneficiary under her will. Following her mother's death, Appellant continued to visit Simon and spend holidays with him. The two of them traveled to California to see her daughter and made several trips to Branson to visit her son.
When Simon became ill, he asked Appellant to move from Kansas City to Mount Vernon to take care of him. Appellant told him that she could not do so because she had health problems herself and required back surgery at that particular point in time. According to Mary Durham, a family friend, it upset Simon that Appellant would not move to Mount Vernon to care for him. Another friend and neighbor of Simon and Thelma, Ruby Sifferman, also stated that Simon had been upset with Shirley because she would not move to take care of him, although Shirley had offered to take care of Simon at her home in Kansas City, but Simon did not want to move.
Simon lived by himself until the last year of his life when he lived with a brother. He died April 18 or 19, 1999, intestate. Simon was survived by a brother and two sisters. One brother, with issue, had predeceased him. Certain assets, particularly joint bank accounts, passed to Simon's brother, Bobby, outside the administration of the estate. The surviving siblings claimed under intestate succession.
There was testimony that Appellant's m
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