Estate of John A. Queener v. Jim Griffith

The Estate of John A. Queener (the “Estate”), by and through Personal Representative, Carolyn Q. Junck, seeks to recover funds paid out with respect to two certificates of deposit (“CDs”) owned by the decedent, John A. Queener (the “Decedent”), at the time of his death and funds paid from the Decedent’s checking account during his lifetime. The Estate sued Jim Griffith (“Mr. Griffith”), stepson of the Decedent, and relied upon legal theories of undue influence, fraud and/or fraud in the inducement, lack of competency in the contract, and conversion. Following a bench trial, the trial court awarded the Estate $13,355.05 plus pre- and post-judgment interest against Mr. Griffith to reimburse the Estate for a number of checks that Mr. Griffith wrote from the Decedent’s checking account during the Decedent’s lifetime. The trial court denied the Estate any recovery with respect to the CDs. On appeal, the Estate and Mr. Griffith both raise issues with the trial court’s judgment. Discerning no error, we affirm.