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MATTER OF ESTATE OF BODMAN v. BODMAN

No. 92-CA-01005-SCT.

674 So.2d 1245 (1996)

In the Matter of the ESTATE OF James F. BODMAN, Deceased: Sally B. Herrington v. James F. BODMAN, Jr.

Supreme Court of Mississippi.

Rehearing Denied June 13, 1996.

Attorney(s) appearing for the Case

M. McIntosh Forsyth, Richton, for Appellant.

Robert T. Jackson, Jackson & Woodruff, Hattiesburg, for Appellee.

Before DAN M. LEE, C.J., and BANKS and JAMES L. ROBERTS, Jr., JJ.

BANKS, Justice, for the Court:

Here we are asked to consider whether a conservator violated her fiduciary duty by sharing a joint tenancy with a right of survivorship with her ward. We conclude that, while there is no per se violation, she did violate her fiduciary duty to the estate in the instant case by depleting the funds from three of the four accounts within the estate for the care of the ward without seeking court permission, while maintaining the funds held...

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