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IN the COURT of APPEALS of the STATE of MISSISSIPPI NO. 2014-CA-00387-COA DELORIS JACKSON APPELLANT V. GLENDORA MILLS APPELLEE D

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IN the COURT of APPEALS of the STATE of MISSISSIPPI NO. 2014-CA-00387-COA DELORIS JACKSON APPELLANT V. GLENDORA MILLS APPELLEE D IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-00387-COA DELORIS JACKSON APPELLANT v. GLENDORA MILLS APPELLEE DATE OF JUDGMENT: 02/19/2014 TRIAL JUDGE: HON. JANACE H. GOREE COURT FROM WHICH APPEALED: MADISON COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: J.M. RITCHEY ATTORNEY FOR APPELLEE: WESLEY THOMAS EVANS NATURE OF THE CASE: CIVIL - OTHER TRIAL COURT DISPOSITION: ORDERED THE APPELLEE TO PAY THE APPELLANT HALF THE FUNDS IN THE DECEDENT’S JOINT ACCOUNT AT THE TIME OF THE DECEDENT’S DEATH BUT DENIED ALL THE APPELLANT’S OTHER REQUESTED RELIEF DISPOSITION: AFFIRMED - 01/12/2016 MOTION FOR REHEARING FILED: MANDATE ISSUED: BEFORE LEE, C.J., CARLTON AND FAIR, JJ. CARLTON, J., FOR THE COURT: ¶1. On February 13, 2009, Deloris Jackson filed a complaint in Madison County Chancery Court against Glendora Mills individually and in her capacity as the executor of Elease Harris’s estate. Jackson asserted that Mills had exerted undue influence on Harris to appropriate Harris’s property and money for her own personal use and benefit. Jackson further claimed that Mills breached her fiduciary duty to Harris by mismanaging Harris’s assets and property and by improperly administering Harris’s estate. ¶2. Jackson’s complaint requested that the chancellor provide the following relief: (1) establish and enforce a constructive trust in Jackson’s favor as to two certificates of deposit (CDs); (2) find that Jackson was entitled to half of the principal of a $50,000 CD, along with all the accrued interest; (3) find that Jackson was entitled to all the principal and the accrued interest on a $47,000 CD; (4) find that Jackson was entitled to half of the funds in a joint account at the time of Harris’s death; and (5) remove Mills as the executor of Harris’s estate. ¶3. At the hearing on Jackson’s complaint, Jackson and Mills were the only two witnesses to testify. After considering the parties’ evidence and testimony, the chancellor granted Jackson relief on only one issue. The chancellor found that Mills converted the balance of the funds in Harris’s joint account for her personal use, and the chancellor therefore ordered Mills to pay Jackson her half of the balance remaining in the joint account at the time of Harris’s death. ¶4. Aggrieved by the chancellor’s judgment, Jackson appeals to this Court and raises the following issues: (1) the chancellor erred by finding that Jackson did not seek to set aside the general power of attorney Harris executed and the gifts Mills made to herself under the power of attorney; (2) the chancellor erred by failing to apply a presumption of invalidity to Mills’s gifts to herself and to require Mills to overcome the presumption by clear and convincing evidence; (3) the chancellor erred by relying on dicta from McNeil v. Hester, 753 So. 2d 1057 (Miss. 2000); (4) the chancellor erred by failing to establish and impose constructive trusts in Jackson’s favor as to the financial gifts Mills received while acting as 2 Harris’s attorney-in-fact; (5) the chancellor erred by finding that Harris authorized the withdrawals Mills made for her own personal benefit and for the transfer of money to two CDs; (6) the chancellor erred by finding that Mills’s conduct failed to breach her fiduciary duty to Harris; and (7) the chancellor erred by finding an ademption occurred as to the devise made to Jackson by Harris’s will. ¶5. Upon review, we find the record reflects substantial credible evidence to support the chancellor’s findings. Id. at 1064 (¶26). We therefore affirm the chancellor’s judgment. FACTS ¶6. Harris was born in 1906, and she died in 2006 at age 100. Following Harris’s death and the probate of her will, Jackson filed a complaint against Mills in chancery court. Jackson alleged that Mills abused her power as Harris’s attorney-in-fact and misappropriated Harris’s property for her own personal benefit. As a result of these alleged wrongful acts, Jackson sought several types of relief from the chancellor. ¶7. At the hearing on her complaint, Jackson testified that she was Harris’s second cousin and that Harris had known Jackson all Jackson’s life. Along with her husband and three sons, Jackson moved into a mobile home on Harris’s property in 1974 and began paying Harris rent. Jackson testified that she and Harris visited each other on a regular basis after the family moved onto Harris’s property. Even after Harris moved from her home to a care facility, Jackson testified that she continued to visit Harris on a regular basis. ¶8. Mills also testified that she was Harris’s second cousin. However, Mills did not meet 3 Harris until a family member introduced them around 1986. At the time of the introduction, Harris was about eighty years old. After their initial meeting, Mills began to visit Harris on a regular basis. In fact, Mills stated that she drove to Harris’s home at least once a week to visit Harris. Over the course of their relationship, Harris and Mills became good friends, and Mills even came to regard Harris as a mother-like figure. ¶9. Both Jackson and Mills agreed that Harris’s health began to decline around 2000. As a result, Harris hired full-time sitters to provide at-home care. Mills also testified that she began to visit Harris more frequently and would stay with Harris on the weekends. Mills further testified that she began to cook and clean for Harris, drive Harris to her doctors’ appointments, supervise Harris’s doctors’ visits and medical treatments, administer Harris’s medication, and manage Harris’s financial affairs. ¶10. Prior to her death in 2006, Harris opened a joint checking account at Trustmark National Bank. Harris named herself and Jackson as the account’s joint owners with the right of survivorship. On November 21, 2000, Harris and Jackson signed a change-of- account form to authorize the addition of Mills’s name to the joint account. Neither Mills nor Jackson ever deposited any personal funds into the joint account. However, acting in her capacity as Harris’s attorney-in-fact, Mills regularly withdrew funds from the joint account to pay for Harris’s expenses. In addition, Mills made a number of withdrawals to pay for her own personal expenses and for expenses incurred by several of her relatives, including her son and daughter. Mills testified, though, that she always made these personal withdrawals 4 with Harris’s knowledge and consent. ¶11. In 2003, due to Harris’s continued health decline and the expense of maintaining full- time sitters, Mills moved Harris to the Myles Retreat Center in Tougaloo, Mississippi. According to Jackson’s testimony, between 2000 and 2006, Harris’s physical health continued to decline, and her mental health worsened. Jackson stated that, on the bad days, Harris often stared into space and had trouble carrying on a conversation or comprehending the questions Jackson asked her. By contrast, although Mills admitted that Harris’s physical strength continued to decline, she denied that Harris’s mental health had also begun to deteriorate while Harris lived at the Myles Retreat Center. ¶12. On August 25, 2003, while hospitalized at Baptist Hospital, Harris executed a general durable power of attorney. The document designated Mills as Harris’s attorney-in-fact and authorized Mills to perform a broad range of acts on Harris’s behalf. Mills testified the power of attorney was prepared after hospital staff suggested that Harris needed a person who could sign medical-treatment forms on her behalf. Harris had spent the night in the emergency room, and at one point, her doctors thought she might not survive. The following morning Mills encountered an attorney in the hospital lobby. Mills stated that she had never previously met the attorney but that he was standing in the hospital lobby asking whether anyone required legal services. Mills asked the attorney to accompany her to Harris’s room to discuss preparing a power of attorney. Even though Mills admitted that Harris was in poor physical condition and on medication at the time she discussed the power of attorney with 5 the attorney, Mills insisted that Harris was still mentally alert. ¶13. On September 14, 2003, Mills signed a deed on Harris’s behalf, which conveyed a fifty-nine-acre tract of Harris’s land (Tract III) to Percy Nichols for $140,000. As the record reflects, Harris’s will devised Tract III to Mills as the residual beneficiary of her estate. Mills testified that Harris negotiated the sale of Tract III herself but then asked Mills to attend the closing and sign the deed on Harris’s behalf as her attorney-in-fact. ¶14. Two months later, on November 28, 2003, Mills withdrew $50,000 from Harris’s joint account and purchased a CD. The CD was titled jointly in the names of Harris, Mills, and Mills’s daughter, with the right of survivorship. Although Harris was not present when the transaction occurred, Mills testified that Harris instructed Mills, as her attorney-in-fact, to complete the transaction and place the three names on the CD. ¶15. On February 14, 2006, Mills, again acting in her capacity as Harris’s attorney-in-fact, signed another deed to authorize the sale of Harris’s residence and the surrounding 2.3 acres of land (Tract II). Nichols, who purchased Tract III in 2003, also purchased Tract II for $47,000. Under Harris’s will, her residence, along with the property on which it sat, was to be left to Jackson.
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