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Bryant v. Browning

Defendant should have known that the plaintiff would file a wrongful death suit against him when he murdered her husband and he should have known that he would not have sufficient assets to satisfy an award after he transferred his unencumbered property to his wife without consideration.

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On June 24, 1996, Robert L. Browning “Browning” murdered William Roger Bryant. On that date he was arrested and jailed. On July 26, 1996, while incarcerated, Browning transferred by quitclaim deed real property without any consideration to his wife, Barbara Merleen Browning “Mrs. Browning”, leaving him only $60,000 in assets. Since July 19, 1974, the real property had been exclusively in the name of Browning and has been free of any liens or encumbrances.

Tracie Mays Bryant, widow, individually and as Administratrix of the Estate of William Roger Bryant, deceased, brought actions for wrongful death and for funeral expenses against Browning and obtained a jury verdict rendered to judgment for $1,100,000. Then, Bryant brought this action to set aside the conveyance and for fraudulent conveyance against Browning and Mrs. Browning. All parties filed cross motions for summary judgment; on September 16, 2002, the trial court granted the Brownings’ motion for summary judgment and denied Bryant’s motion for summary judgment. Finding that the trial court erred as a matter of law in failing to consider that the unliquidated claims of Bryant, which arose upon the homicide, may have rendered Browning insolvent at the time of the conveyance to Mrs. Browning, we reverse for jury determination of insolvency at the time of the conveyance.

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