Jerry Poole v. Hollie Ann Grice Arnold, Individually and as Guardian of the Person and Estate of Thomas M. Marshall, Deceased; And Lynn B. Marshall, Individually

── Jerry Poole v. Hollie Ann Grice Arnold, Individually and as Guardian of the Person and Estate of Thomas M. Marshall, Deceased; And Lynn B. Marshall, Individually ── Court: Court of Appeals of Arkansas Date: May 06, 2026 Category: General Cite as 2026 Ark. App. 277 ARKANSAS COURT OF APPEALS DIVISION I No. CV-24-570 JERRY POOLE Opinion Delivered May 6, 2026 APPELLANT APPEAL FROM THE CHICOT COUNTY CIRCUIT COURT V. [NO. 09CV-23-105] HOLLIE ANN GRICE ARNOLD, HONORABLE QUINCEY ROSS, INDIVIDUALLY AND AS GUARDIAN JUDGE OF THE PERSON AND ESTATE OF THOMAS M. MARSHALL, DECEASED; AND LYNN B. MARSHALL, AFFIRMED IN PART; REVERSED AND INDIVIDUALLY REMANDED IN PART APPELLEES ROBERT J. GLADWIN, Judge This appeal arises out of judgments in favor of the appellees, Hollie Ann Grice Arnold, individually, and as guardian of the person and estate of Thomas B. Marshall, deceased; and Lynn B. Marshall, individually (collectively, “the appellees”), wherein a jury found that the appellant, Jerry Poole, committed fraud or breach of contract and that Thomas Marshall (“Thomas”) lacked the capacity to enter the contract for the sale of property he shared with his wife, Lynn Marshall (“Lynn”), along with 107 acres, furniture, fixtures, and farm equipment located in Chicot County. Poole also appeals the circuit court’s April 23, 2024 order declaring that the money paid to the appellees should be deemed rent for the use and possession of the property as well as the court’s order vesting title to the property entirely in Lynn due to Thomas’s death. We affirm in part and reverse and remand in part. I. Background Facts In January 2023, Poole approached Thomas and Lynn (collectively “the Marshalls”) about purchasing their property for $500,000; the agreement included the land (107 acres of real property) and all personal property on the land, which included all their farm equipment, furniture, and fixtures. Poole represented to the Marshalls that they could live on the property until their deaths, and he would provide help, care, and maintenance for them seven days a week and twenty-four hours a day. Poole also agreed that the deed for the property would be held in trust until all payments on the note were paid and offered a downpayment of $75,000. On February 24, 2023, the Marshalls entered into a purchase agreement with Poole for the sale of their home and 107 acres located at 1947 South Highway 65, in Eudora, Arkansas. The parties also signed a first addendum, which detailed the living arrangements, including but not limited to, a provision requiring Poole to provide, at his cost and expense, good quality in-home care and in-home healthcare seven days a week, twenty-four hours a day, for as long as the Marshalls remained in the home. On September 12, 2023, Hollie Ann Grice Arnold—individually and as representative of Thomas’s estate—and Lynn, individually, filed their complaint against Poole for fraud and breach of contract. In the complaint, the appellees allege that Poole, knowing of the Marshalls’ advanced ages and Thomas’s dementia, fraudulently induced them into the sale 2 by promising the Marshalls a life estate on the property and to provide for their care and maintenance until their deaths. The appellees alleged that Poole entered into the agreement with no intention of following through with his end of the deal. They claimed that Poole breached the contract by failing to provide for their care and maintenance as agreed, including that Poole was using the installment payments on the sale to pay for the Marshalls’ limited caretaking rather than pay