457 S.W.3d 688
Ark. Ct. App.2015Background
- Decedent Gurtie Taylor executed a deed in February 2012 conveying real property to four children (appellants); she died in June 2012 and had been diagnosed with Alzheimer’s/dementia.
- Appellee siblings challenged the deed alleging incapacity and undue influence; appellants had already sold the property for $45,000.
- The trial court temporarily ordered appellants to deposit sale proceeds into the court registry; appellants did not comply and claimed they had spent the money.
- After a bench trial the court found Gurtie lacked capacity at the time of the deed, awarded appellees $22,500 (half the sale price), and held appellants in contempt for failing to deposit funds.
- The court conditioned purging contempt on payment within sixty days and threatened thirty-day jail terms if unpaid; appellants appealed both the capacity finding and the contempt order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grantor lacked mental capacity to execute deed | Appellees: medical records and witness testimony show incapacity at execution | Appellants: lucid-interval testimony (attorney, nursing assistant, Marston) showed competency | Court: Affirmed—trial court’s finding of incapacity not clearly erroneous; credibility and medical evidence favored appellees |
| Whether trial court erred by conditioning payment and jail on contempt (due process/inability to pay) | Appellants: jail for failure to pay is akin to criminal contempt and they were denied due process; some appellants lacked ability to pay | Appellees: court properly imposed civil-contempt coercive sanctions; appellants failed to prove inability to pay | Appellate court: did not reach merits—issues not preserved because no formal trial-court ruling on postjudgment motion denying stay/recall; concurrence would affirm contempt on merits based on record showing appellants failed to prove inability to pay |
Key Cases Cited
- Donaldson v. Johnson, 359 S.W.2d 810 (Ark. 1962) (test for mental capacity to execute deed/will)
- Rose v. Dunn, 679 S.W.2d 180 (Ark. 1984) (presumption of capacity; burden on contestants)
- Griffith v. Griffith, 283 S.W.2d 340 (Ark. 1955) (inability to pay is a defense to civil-contempt incarceration)
- Bryant v. Hendrix, 289 S.W.3d 402 (Ark. 2008) (party must obtain trial-court ruling for appellate review)
- Hodges v. Huckabee, 995 S.W.2d 341 (Ark. 1999) (appellate preservation rules)
- Albarran v. Liberty Healthcare Mgmt., 431 S.W.3d 310 (Ark. App. 2013) (civil-contempt imprisonment limited when contemnor shows inability to pay)
- Thomas v. McElroy, 420 S.W.2d 530 (Ark. 1967) (letter opinions not final judgment)