Barbara Branum v. Corrine W. Akins, and Melvin L. Akins

This is a suit wherein the Plaintiff Barbara Brunum, inter alia, seeks to set aside a conveyance by her mother, the Defendant Corrine W. Akins--who held certain real property in trust for her--to her brother, Defendant Melvin L. Akins. The basis of the suit is that her mother violated her fiduciary duty by conveying the property to her brother and that he was guilty of fraud and conspiracy in accepting the transfer. The only consideration for the transfer was the assumption and payment of a prior secured indebtedness against the property in the amount of $29,392.25. The Trial Court found in favor of the daughter against the mother, awarded damages in the amount of $34,607.75, plus pre-judgment interest at the rate of 10 percent per annum, beginning April 28, 1998, the date our opinion in a prior appeal of this case was filed. The Chancellor dismissed the claim as to the brother. The daughter appeals insisting the Trial Court was in error in not setting aside the transfer. We are of the opinion that the Trial Judge acted properly and affirm the judgment entered.