Cynthia Shenell Jackson v. Charles Addison
242 So. 3d 926
| Miss. Ct. App. | 2018Background
- Charles (Charlie) Addison named his daughter Cynthia joint owner on multiple bank accounts and CDs between 1975 and 1999; Charlie provided all funds and named Cynthia as joint owner with rights of survivorship.
- By 2011 Charlie’s health declined; chancery court appointed Cynthia conservator of his person and the Pike County Chancery Clerk (Touchstone) conservator of his estate and ordered transfer of the joint-account funds to conservatorship accounts for "safekeeping."
- Cynthia initially transferred about $204,000 from joint accounts to her personal account in 2011, returned nearly all of it after court order, and some funds were later used for Charlie’s care and for fees during the conservatorship.
- Cynthia appealed the conservatorship appointment issue in 2012, but after Charlie died in 2014 she and the conservator jointly moved to dismiss that appeal as moot.
- After Charlie’s death the chancery court adjudicated ownership and ruled the conservatorship funds belonged to Charlie’s estate; Cynthia appealed. The Court of Appeals reversed and rendered judgment for Cynthia.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (Touchstone/Willie/Aubrey) | Held |
|---|---|---|---|
| Whether transfer of joint-account funds into conservatorship accounts destroyed Cynthia’s survivorship interest | Transfer to conservatorship for safekeeping did not extinguish Cynthia’s preexisting survivorship rights; she remains surviving joint owner | Transfer terminated the joint tenancy and thus Cynthia’s interest | Held for Cynthia: transfer for safekeeping did not destroy survivorship interest; unused funds pass to surviving joint owner |
| Whether joint accounts were products of undue influence / confidential relationship | No clear-and-convincing proof; accounts created decades before dependency became an issue | Accounts arose from a confidential relationship and thus a presumption of undue influence should apply | Held for Cynthia: no evidence that a confidential relationship or undue influence existed when accounts were created |
| Whether Cynthia abandoned claim to funds by agreeing to dismiss her prior (moot) appeal after Charlie’s death | Dismissing a moot appeal about appointment of conservator did not abandon a separate claim about survivorship rights | Dismissal amounted to abandonment of claims challenging the conservatorship transfers | Held for Cynthia: dismissal of the conservator-appointment appeal as moot did not constitute abandonment of the separate survivorship claim |
| Jurisdictional / procedural challenge to appeal (motion to dismiss) | Cynthia timely appealed denial of motion to reconsider; appeal encompasses underlying judgment | Appellees argued notice was defective and appeal should be dismissed | Held: appeal not dismissed; notice and Rule 59 practice preserved appellate review of the underlying judgment |
Key Cases Cited
- In re Atkins' Estate, 422 So. 2d 754 (Miss. 1982) (conservator may not withdraw all joint-account funds and destroy survivorship rights; ward retains elective withdrawal right)
- Bodman v. Bodman, 674 So. 2d 1245 (Miss. 1996) (joint tenancy ownership can coexist with conservatorship; joint assets created before incapacity presumed valid)
- Conservatorship of Kendrick v. Hancock Bank, 537 So. 2d 888 (Miss. 1989) (joint assets created prior to incompetence are presumed valid and surviving joint owner need not relinquish interest)
- In re Estate of Briley, 825 P.2d 1181 (Kan. Ct. App. 1992) (conservator’s withdrawal from joint account does not terminate surviving joint owner’s right)
- In re Estate of Wright, 424 N.W.2d 268 (Mich. 1988) (transfer to conservatorship technically terminates joint tenancy but surviving joint owner retains survivorship interest)
- In re Wszolek’s Estate, 295 A.2d 444 (N.H. 1972) (guardian’s withdrawal of joint-account balance does not extinguish surviving joint owner’s rights when withdrawal not necessary for ward’s welfare)
- Madden v. Rhodes, 626 So. 2d 608 (Miss. 1993) (Mississippi presumption that accounts payable to any joint owner create survivorship rights)
- In re Estate of Cannon, 733 So. 2d 245 (Miss. 1999) (terms designating joint-tenancy with rights of survivorship are enforceable under Mississippi law)