Fortner v. Hornbuckle
Aug 05, 2014OUTCOME: $1.1 million Judgment was vacated and remanded for new trial
Johnnie Fortner and defendant Lynda Hornbuckle Fortner held themselves out as husband and wife for decades, but they were not actually married. In 2005, they opened a joint checking account with a r ... ight of survivorship. In 2006, Johnnie executed five deeds to Lynda and her son, defendant Jonathan Hornbuckle. Johnnie gave Lynda the deeds and told her to keep her mouth shut. Johnnie continued to live on one of the properties, continued to collect rent on three of the properties, and considered making improvements to the fifth property. Lynda testified that, if Johnnie had asked her to return the deeds, she would have done so. Johnnie died intestate in 2007. The five parcels were included in his estate, and the administrators sought to recover from defendants the share of estate taxes attributable to the five parcels. The administrators also sought all or a portion of the $249,121.63 in the joint checking account in order to pay debts of the estate. The trial court denied defendants’ motion for a directed verdict, and the jury found for plaintiffs on all issues.
