[Copyrighted Material Omitted]
FROM THE CROSS COUNTY CIRCUIT COURT [NO. 19CV-08-75],
HONORABLE CHALK MITCHELL, JUDGE
Brock, Forrest City, for appellant.
Law Firm, P.A., by: Jennifer Woodruff Douglas; and Chrestman
Group, PLLC, by: Keith L. Chrestman, for appellees.
M. BROWN, Judge
is a dispute between siblings over their late fathers
estate. Appellant Margaret Ellis sued her brother and
sister-in-law, appellees Roger Thompson and Frances Thompson,
for an accounting, to set aside certain gifts allegedly made
to Roger, and for various torts arising out of Rogers
alleged mishandling of the property of Edward Thompson, the
now deceased father of Margaret and Roger, as a signatory on
Edwards bank accounts, and under a power of attorney granted
to Roger. After a bench trial, the circuit court ruled that
the statute of limitations barred some of Elliss claims,
that she lacked standing to bring other claims, that the
alleged gifts would not be set aside, and that Rogers
accounting was adequate. We affirm the circuit court.
Facts and Procedural History
Thompson was the father of four children: appellant Margaret
Ellis, appellee Roger Thompson, Phillip Thompson, and Barbara
Mugge. Roger and Frances Thompson are husband and wife. In
August 1997, Edward executed a power of attorney appointing
Roger as his attorney-in-fact to act on Edwards behalf and
for all purposes. That power of attorney was recorded on
January 31, 2002.
November 12, 1997, Roger and Frances were added as
"agents" authorized to sign on Edwards accounts at
First National Bank and were listed as "authorized
December 21, 2000, Roger and Phillip Thompson and their wives
purchased two tracts totaling approximately 685 acres
from Edward. They executed a promissory note for the purchase
price in the amount of $256,556. The terms of the note were
seven annual payments of $39,017.28 at 6 percent interest,
and if not paid timely, then the entire note would bear
interest at 10 percent. The note also contains an undated,
typed statement signed by Edward that the note was to be
canceled and forgiven in the event of his death. A copy of
the note containing handwritten statements purportedly signed
by Edward that payments were waived by gift on various dates
was introduced into evidence.
2002, Edward received over $400,000 from the estate of his
mother, Rosa Thompson, who died in 1997.
died on July 18, 2006. Upon Edwards death, Roger opened the
estate and was appointed personal representative. Ellis
responded with a petition to set aside the will and to
contest the will. On January 24, 2007, an agreed order was
entered setting aside the will. On February 21, 2007, Roger
filed an inventory in the probate case, and ...