WEST v. REGIONS BANK

No. W2010-02023-COA-R3-CV.

CLARA JEAN WEST, BY AND THROUGH JANET L. HARVEY, CONSERVATOR; AND ESTATE OF ROBERT STOKES WEST, BY AND THROUGH JANET L. HARVEY, ADMINISTRATOR, v. REGIONS BANK.

Court of Appeals of Tennessee, at Jackson.

Filed July 26, 2011.


Attorney(s) appearing for the Case

John D. Horne , Memphis, Tennessee, for the Plaintiffs/Appellants Clara Jean West, by and through Janet L. Harvey, Conservator; and Estate of Robert Stokes West, by Janet Harvey, Administrator.

Randall D. Noel and Melody McAnally , Memphis, Tennessee, for the Defendant/Appellee Regions Bank.

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which DAVID R. FARMER, J., and J. STEVEN STAFFORD, J., joined.


OPINION

HOLLY M. KIRBY, JUDGE.

This appeal involves a claim against a bank for conversion. The decedent signed a durable power of attorney appointing his nephew as his attorney-in-fact. Both the decedent and the nephew had accounts at the defendant bank. Using the power of attorney, the nephew endorsed checks made payable to the decedent and deposited them into his own bank accounts at the defendant bank. By the time the decedent died a few months later...

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