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Plummer v. Estate of Plummer

The evidence is sufficient to show that a transfer of money into an account over which the appellees had control did not conflict with the appellees' interests as fiduciaries.

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Justice Grant

OPINION

Sandra Plummer appeals from a take-nothing judgment in her lawsuit against her brother and sister alleging breach of a fiduciary duty. Sandra Plummer sued her brother (Wesley) and sister (Carolynn) alleging that they had breached a fiduciary duty to their mother (Agnes Plummer) by utilizing a power of attorney executed by Agnes several months earlier to take over their mother’s finances. The evidence shows that while Agnes was hospitalized, Wesley and Carolynn withdrew funds from Certificates of Deposit (some of which were jointly held by their mother with Sandra) and redeposited the funds into a pre-existing checking account in the name of Agnes, and to which Wesley and Carolynn had a right of survivorship.

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