Holland v. Kicklighter
Holland v. Kicklighter
Opinion of the Court
Appellant served as attorney in fact for her sister during the last few years before her sister’s death. When appellant’s sister died, appellees, the joint executors of her estate, sued appellant to recover certain funds and property, including a certificate of deposit worth $12,500, based on appellant’s alleged misappropriation of the assets during the time she held the power of attorney. A jury found in favor of the appellees on the issue of the certificate and certain other items of personalty, and decedent’s sister appeals the judgment. We affirm.
Appellant took the position that decedent made the certificates of deposit as joint property with right of survivorship as a gift to appellant, and that she was within her right to keep the funds that remained in the account at decedent’s death. Appellees, as executors of the estate, considered any gifts made during the last five years of decedent’s life to be voidable, due to decedent’s incompetency and the exertion of undue influence by appellant over her sister. The jury found that the $12,500 certificate of deposit belonged to the estate, and the trial court entered judgment to that effect. The evidence was sufficient to support the finding and judgment, and the trial court did not err in denying appellant’s motion for directed verdict and motion for new trial on that issue. Appellant’s reliance on Collins v. Collins,
2. Appellant also argues that several of the jury charges given by the trial court were confusing, contained incorrect statements of law, and were not supported by the evidence. Her basic premise is that the charges ran contrary to her theory of the case, which was that the creation of the joint ownership of the certificate with right of survivorship was valid and constituted a gift to her. The jury charges in question related to appellees’ theory of the case, which was that the joint ownership of the certificate was voidable because of the circumstances surrounding its creation, and that if the jury accepted appellees’ theory, the appellees as executors had the legal right to pursue the funds in question. There being evidence to support appellees’ theory, the trial court was authorized to give the jury charges in question. Duncan v. Deits, 185 Ga. App. 136 (363 SE2d 601) (1987).
3. Appellant’s brief contains a ninth enumeration of error that was not previously listed in the enumerations of error filed with this court. “A brief cannot supply an enumeration of error. ‘Enumerations of error cannot be enlarged by means of statements in brief of counsel to include issues not made in the former.’ [Cits.]” Leniston v. Bonfiglio, 138 Ga. App. 151 (2) (226 SE2d 1) (1976). Therefore, we do not address the issue so raised.
Judgment affirmed.
Reference
- Full Case Name
- HOLLAND v. KICKLIGHTER
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- Published