Cite as 2026 Ark. App. 479
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-25-660
EDDIE BRANDT EASLEY Opinion Delivered October 7, 2026
APPELLANT
APPEAL FROM THE BENTON
COUNTY CIRCUIT COURT
V. [NO. 04CV-23-1554]
THE MARY ELLEN EASLEY HONORABLE CHRISTINE
REVOCABLE TRUST, DATED APRIL 3, HORWART, JUDGE
2008, MARY JAYNE TURNER,
TRUSTEE AFFIRMED
APPELLEE
WENDY SCHOLTENS WOOD, Judge
On March 3, 2025, the Benton County Circuit Court entered an order setting aside
a quitclaim deed in which Mary Ellen Easley, the prior trustee of appellee The Mary Ellen
Easley Revocable Trust (the Trust), transferred a family farm from the Trust to her son,
appellant Eddie Easley. Eddie brings two points on appeal: (1) the circuit court’s finding that
Mary Ellen was incompetent when the deed was executed is clearly against the
preponderance of the evidence, and (2) the court erred in determining that Mary Jayne
Turner and Johnnie Cox were duly appointed successor trustees of the Trust. We affirm.
I. Relevant Facts
Mary Jayne Turner (Jayne) and Eddie are Mary Ellen’s only children. Mary Ellen
established the Trust in April 2008, naming herself trustee, and transferred the family farm and other property into it. The Trust provides that Johnnie Earl Cox and Mary Jayne Turner
“shall immediately become the Trustees” under the Trust if “two licensed physicians” opine
that Mary Ellen is “unable to properly handle” her own affairs.
The issue on appeal arose after Mary Ellen executed a quitclaim deed on Saturday,
November 19, 2022, transferring the farm from the Trust to Eddie. Eddie filed the deed on
Monday, November 21. On June 16, 2023, Jayne, in her capacity as trustee of the Trust, filed
a complaint to set aside the deed. She alleged that two medical experts had opined that Mary
Ellen was unable to properly handle her own affairs and that Jayne and Johnnie Cox were
successor trustees. She also contended that Mary Ellen did not have sufficient mental
capacity to execute the quitclaim deed on November 19; Eddie knew Mary Ellen had mental
impairments that prevented her from exercising free agency in the disposition of her
property; Eddie is a convicted felon; and Eddie had been using Mary Ellen’s car and debit
card for his personal use. She asked the circuit court to set aside the quitclaim deed due to
Mary Ellen’s lack of mental capacity and Eddie’s undue influence over Mary Ellen.
At the February 2025 bench trial, multiple witnesses testified that Mary Ellen
experienced declining cognitive awareness, skills, and abilities beginning in 2018. Jayne
testified that she had lived next door to Mary Ellen for almost three decades. She testified
that Mary Ellen quit driving in 2018 and that she began helping Mary Ellen with daily tasks
such as cooking meals for her, taking her to appointments, and managing her medication.
As time went on, Mary Ellen became delusional and confused and required more help. Jayne
testified that by 2021, Mary Ellen was not capable of doing laundry or preparing a meal.
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Jayne said that Mary Ellen complained about “hearing people under her house through the
vents” and began hiding knives, scissors, and other items around the house for self-defense
as she became more fearful. Jayne testified that by 2021, Mary Ellen began leaving the house
and wandering the neighborhood without a coat in below-freezing temperatures. She said
that Mary Ellen’s condition rapidly declined between the fall of 2021 and the spring of 2022.
She testified that she told Eddie in August 2022, after she had taken Mary Ellen to the
emergency room, that Mary Ellen had vascular dementia and likely Alzheimer’s disease.
Jayne’s husband, Scott Turner, testified that he noticed Mary Ellen’s cognitive decline
in 2019. He said that she began wandering the neighborhood and became extremely fearful,
convinced that people were in her yard or under her house. He said that in 2020, she began
confusing people, thinking he was her husband or a former classmate.
James Sikes, a deputy with the Benton County Sheriff’s Office, testified that on
January 21, 2023, he investigated an incident involving an elderly woman who had wandered
into the home of strangers and told them that she was “being chased.” Deputy Sikes
discovered Mary Ellen, who told him her name but could not recall her address or date of
birth.
Allen Baker testified that he had lived near Mary Ellen since 2017. He said that he
noticed her “diminishing” around 2020, it “got progressively worse in 2021,” and she had a
“fairly precipitous drop in her cognitive skills.” He said Mary Ellen thought there were
“people out to get her,” “bugs, ants, things crawling on the floor” at her house, and people
in her home “trying to kill her.” He said she would dress inappropriately and wander the
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neighborhood. He testified that at some point during 2021, Mary Ellen brought him some
valuables that she wanted him to hold for her because people were stealing from her and
wanted to “kill her.” The “prize possessions” were five pairs of scissors. Allen said Eddie
began staying with Mary Ellen in 2021. He said that Eddie could not possibly have been
unaware of Mary Ellen’s diminished state.
Beginning in October 2018, Jayne took Mary Ellen to see Dr. Steven Spencer, a
primary-care doctor, for memory problems and various physical ailments. Dr. Spencer
continued to see Mary Ellen regularly until 2023. On January 8, 2019, Dr. Spencer diagnosed
Mary Ellen with vascular dementia and short-term memory loss. Dr. Spencer testified that,
at an annual visit in August 2020, Mary Ellen scored 1 out of 5 on a “mini-cognitive” test.
He said she was confused during their discussion. During a wellness visit in October 2021,
Jayne was concerned about Mary Ellen’s cognitive well-being and told Dr. Spencer that Mary
Ellen was often suspicious, had hallucinations, demonstrated paranoia, and cried a lot. Dr.
Spencer said Mary Ellen scored zero on the cognitive test and that it was obvious her
dementia had worsened. Dr. Spencer testified that at a May 2022 visit, he concluded that
Mary Ellen needed 24/7 care due to “advanced dementia.” In June 2022, due to an abnormal
MRI, multiple falls, hallucinations, and memory loss, he referred Mary Ellen for
neuropsychological testing. He also wrote a letter dated June 22, 2022, stating that Mary
Ellen was “not competent to handle any of her personal or financial affairs due to dementia.”
Finally, he opined that the severity of Mary Ellen’s dementia in November 2022 would have
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prevented her from being mentally capable of executing a deed and determining whether it
was appropriate.
Mary Ellen began neuropsychological testing with Dr. Stephen Gemmell in
November 2022. Dr. Gemmell testified that he was a neuropsychologist and had been the
director of the Memory Disorder Center at Washington Regional Hospital for twenty-five
years. He said that his education included a college degree, four years of graduate school, a
one-year residency, and a one-year fellowship. He said Mary Ellen’s evaluation was conducted
by an interdisciplinary team consisting of him; Dr. Randy Shinn, an internal-medicine
physician; and Pam Smith, a licensed clinical social worker. The team diagnosed her with a
combination of vascular dementia and Alzheimer’s disease and concluded that, given the
severity of Mary Ellen’s cognitive deficit, she would need the “maximum assistance with
management of all medical and financial decision-making needs” and did not have
“sufficient cognitive capacity to manage any aspect of medication management, medical
decision-making, or handling of financial affairs or investments.” The team also determined
that she would be susceptible to undue influence and scams. Dr. Gemmell testified that, in
November 2022, Mary Ellen would not have been competent to consult with a paralegal to
procure a deed transferring property to her son, contact a notary public, or understand the
effect of signing a deed. He said that, by November 2022, she would not have had any true
lucid intervals. Dr. Gemmell and Dr. Shinn cosigned a letter stating that, in their
professional opinion, Mary Ellen would not have had sufficient capacity to manage business5
related and everyday financial affairs, contractual agreements, or any other financial or
medical decision-making needs dating back to June 2022.
Eddie testified that he began staying at Mary Ellen’s home at night around November
2021 after she called him to her home to show him the Trust and tell him that she had made
a mistake and wanted to give Eddie the farm. Eddie said that Mary Ellen was scared at night
and did not want to be alone, so he began staying with her four to six nights a week. He
admitted that Jayne did most of the caretaking for Mary Ellen, which included providing
breakfast and lunch, helping with day-to-day tasks, helping with showers, scheduling and
driving her to doctor’s appointments, paying bills, and driving Mary Ellen on errands. He
said that he, Jayne, and Mary Ellen had a “confrontation” about Mary Ellen’s estate plan in
May 2022. Eddie did not want the farm to be sold; he told them that he loved the farm, and
nothing he loved was going to be taken from him; and he told Jayne that they needed to
change the Trust or they would have a battle. He also told Mary Ellen that her memory was
not “working well.” He admitted that he had another conversation about the Trust with
Jayne and Mary Ellen in September 2022 during which he told them that he had “an issue”
with a woman being in charge of the Trust. He recognized in the summer of 2022 that Mary
Ellen’s mental capabilities were declining but said that “a person doesn’t want to think their
mother is getting bad.”
Ericka Easley, Mary Ellen’s granddaughter and Eddie’s daughter, testified that she is
a nurse practitioner specializing in dementia and Alzheimer’s disease. She said that she had
visited Arkansas three times between 2018 and 2022: August, September, and November
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2022. When she visited Mary Ellen in September 2022, Mary Ellen was “fine,” living alone,
and “functioning.” She said that nothing led her to believe Mary Ellen was unable to make
decisions. She said that she, Eddie, and Mary Ellen located an online document preparer to
draft the quitclaim deed in November and that Mary Ellen was lucid and knew what she was
doing.
The paralegal who prepared the deed testified that she never communicated with
Mary Ellen and had no personal knowledge about Mary Ellen’s competence. The mobile
notary, Rebecka Ebsen, testified that Ericka, Eddie, and Mary Ellen came to her home to
have a deed notarized and that Mary Ellen understood that Eddie was her son and that he
“would get the deed.” On cross-examination, Rebecka admitted that she would not have
notarized the deed had she known that Mary Ellen had recently undergone testing to
evaluate her mental capacity.
At the conclusion of trial, the circuit court stated from the bench that Jayne had
proved by a preponderance of the evidence that Mary Ellen was not mentally competent on
November 19, 2022, to execute the quitclaim deed in favor of Eddie and set it aside. The
court entered an order on March 3, 2025, reiterating that finding along with the finding that
Jayne had been appointed as co-trustee of the Trust on May 12, 2023, pursuant to the Trust
terms after two medical professionals determined that Mary Ellen had lost her capacity to
handle her financial affairs. Eddie filed this appeal.
II. Standard of Review
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We will not reverse a circuit court’s findings of fact from a bench trial unless the
finding is clearly erroneous. Marston v. Taylor, 2015 Ark. App. 176, at 3, 457 S.W.3d 688,
690. A finding is clearly erroneous when, although there is evidence to support it, the
reviewing court on the entire evidence is left with a definite and firm conviction that a
mistake has been made. Id., 457 S.W.3d at 690. In our review, we give due deference to the
circuit court’s superior position to determine the credibility of witnesses and the weight to
be accorded to their testimony. Munzner v. Kushner, 2010 Ark. App. 196, at 4–5, 375 S.W.3d
647, 650.
III. Discussion
For his first point on appeal, Eddie argues that the circuit court clearly erred in
finding that Mary Ellen lacked the mental capacity to execute the quitclaim deed. He points
to his, Ericka’s, and the notary’s testimony indicating that Mary Ellen was lucid when she
executed the deed and understood what she was doing. He argues that Ericka is a licensed
nurse practitioner specializing in dementia and Alzheimer’s disease care and was present
when Mary Ellen signed the deed. He argues that he was living with Mary Ellen during 2021
and 2022 and testified that she was able to make decisions.
Eddie’s argument is simply a request for us to reweigh the evidence. The
determination of whether a deed is void because of the mental incapacity of the grantor is
measured by his or her mental ability when the deed is executed. Munzner, 2010 Ark. App.
196, at 6, 375 S.W.3d at 651. Each case presenting a question of a grantor’s mental capacity
is to be decided on its own particular facts and circumstances. Id. at 7, 375 S.W.3d at 651.
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Although there may have been testimony presented that Mary Ellen had some lucid
moments in 2021 and 2022, Eddie presented no medical records or testimony to dispute
the opinions of Dr. Spencer, Dr. Gemmell, and Dr. Shinn. Indeed, the overwhelming
evidence and the testimony of all the doctors who evaluated Mary Ellen indicated that, in
November 2022, Mary Ellen had vascular dementia and Alzheimer’s disease and would not
have had the mental capacity to understand and execute a deed. Eddie failed to present any
expert testimony to the contrary. In light of the evidence and testimony presented at the
hearing, which has been extensively discussed above, we cannot say that the circuit court
clearly erred in setting aside the deed.
Eddie next challenges the circuit court’s finding that Jayne had authority to act as
trustee. The circuit court found that Jayne and Johnnie Cox were appointed successor
trustees of the Trust on May 12, 2023, pursuant to the provision that they “shall immediately
become the Trustees” if “two licensed physicians” opine that Mary Ellen is “unable to
properly handle” her own affairs.1 The circuit court credited the letter from Dr. Spencer
1
Article I of the Trust specifically provides as follows:
Trustee Succession if Settlor Dies or Becomes Incapacitated. If the Settlor
dies or is adjudicated to be incompetent or in the event that the Settlor is not
adjudicated incompetent, but by reason of illness or mental or physical disability is,
in the opinion of two licensed physicians, unable to properly handle the Settlor’s own
affairs, then and in that event the Trustees named below shall immediately become
the Trustees under this Trust Agreement. The Settlor names the following as
successor Trustees:
JOHNNIE EARL COX AND MARY JAYNE TURNER-CO TRUSTEES.
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dated June 22, 2022, and the letter of Drs. Gemmell and Shinn dated June 14, 2023. Eddie
argues that the circuit court’s finding is clearly erroneous because Dr. Gemmell is not a
licensed physician but merely a neuropsychologist and that his letter opinion was not issued
until June 2023, a month after Jayne filed her complaint as successor trustee.
First, in addition to Dr. Spencer, a licensed physician, Dr. Shinn, also a licensed
physician, determined that Mary Ellen did not have the mental capacity to handle her
medical and financial affairs as of June 2022. According to the Trust, Jayne and Johnnie
immediately became the successor trustees at that time. There was no requirement for a court
to appoint them successor trustees. Second, Dr. Spencer issued his opinion in a letter dated
June 2022, and Dr. Shinn issued his opinion in a report dated November 28, 2022, which
he confirmed in a letter issued in June 2023. Accordingly, we hold that the circuit court’s
finding that Jayne was a successor trustee as of May 12, 2023, is not clearly erroneous.
Affirmed.
TUCKER and HIXSON, JJ., agree.
Evans & Evans Law Firm, by: James E. Evans, Jr., for appellant.
Thurman & Flanagin, by: Stevin Williams, for appellee.
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