Vincent v. Creel
80 So. 3d 859
Miss. Ct. App.2012Background
- Creel, severely ill, granted power of attorney to her mother Stockstill in 2004.
- Creel quit-claimed the Henley property to Stockstill on Sept. 1, 2004 to shield it from creditors.
- On Oct. 18, 2004, Stockstill deeded the property to Creel and Vincent as joint tenants with right of survivorship.
- Creel later executed a quitclaim deed (Nov. 8, 2004) transferring her share to Vincent.
- Vincent allegedly coerced Creel under a confidential relationship; Creel died before trial.
- Chancellor voided the 2004 quitclaim to Vincent and placed the property in a constructive trust for Creel’s estate; issue on appeal involved proper ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deed to Vincent was invalid due to undue influence | Vincent failed to rebut presumption of undue influence | Vincent acted in good faith and Creel knowingly conveyed | Deed voided for undue influence; no abuse of discretion |
| Whether the property should be held in a constructive trust for Creel’s estate | Constructive trust appropriate to prevent unjust enrichment | No basis for constructive trust given joint tenancy status | Constructive trust not warranted; ownership vested in Vincent as surviving joint tenant |
| Whether the chancellor distinguished between pre-existing joint tenancy and later conveyances | Did not properly separate October 2004 joint tenancy from November 2004 quitclaim | Chancellor found undue influence only on November 2004 deed | Chancellor erred by not analyzing the October 2004 joint- tenancy conveyance |
| Whether Creel’s death affected the outcome of a joint tenancy dispute | Death should not alter voided interests | Survivor joint tenant holds property by operation of law | Vincent, as surviving joint tenant, owns the property |
| Whether the final judgment was vague or modified improperly under Rule 59(e) | Final judgment unclear which deed was set aside | Proceedings correctly addressed the key conveyance | No reversible error beyond the stated conclusion; judgment sustained on ownership issue |
Key Cases Cited
- In re Estate of Dabney, 740 So.2d 915 (Miss. 1999) (confidential relationship factors for undue influence)
- In re Estate of Reid v. Pluskat, 825 So.2d 1 (Miss. 2002) (presumption of undue influence in inter vivos gifts)
- Wright v. Roberts, 797 So.2d 992 (Miss. 2001) (burden-shifting framework to rebut undue-influence presumption)
- In re Will and Estate of Strange v. Strange, 548 So.2d 1323 (Miss. 1989) (joint tenancy survivorship effects on estate)
- Bethea v. Mullins, 226 Miss. 795, 85 So.2d 452 (Miss. 1956) (substantial inadequacy of consideration as indicator of fraud)
- McNeil v. Hester, 753 So.2d 1057 (Miss. 2000) (constructive trust requires clear-and-convincing proof)