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Fuller v. Lewis

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Date: 
Thursday, November 14, 2013

A-13-0353, Debra Stefan, Successor Personal Representative of the Estate of Virginia Hawkins, Deceased (Appellant) v. Roger Lewis

District Court for Hitchcock County, District Judge David W. Urbom

Attorney for Appellant:  Nick Halbur (Thompson Law Firm)

Attorney for Appellee:  Maurice A. Green (Green Law Firm)

Civil Action:  Equity action concerning ownership of funds in joint checking account

Action taken by the Trial Court:  Hawkins added Lewis as a joint owner of a checking account. After Hawkins’ death, Lewis claimed ownership of the funds. Stefan, successor personal representative of Hawkins’ estate, brought suit against Lewis. The trial court entered judgment in favor of Lewis, finding that Hawkins and Lewis were joint owners of the account at the time of Hawkins’ death and that she had not designated Lewis as an agent.

Assignments of Error on Appeal:  Did the trial court err in failing to find that Lewis was an agent of Hawkins? Did the trial court err in failing to find that Lewis owed a fiduciary duty to Hawkins in carrying out the responsibilities of his agency? Did the trial court err in failing to find that Lewis breached his fiduciary duty to Hawkins?

This page was last modified on Wednesday, November 20, 2013