Court Reviews Whether the Trial Court Properly Found that Trust Documents Provided for Full Disposition of the Trust Assets

DAVID L. MORROW and JUDY M. WRIGHT v. SUNTRUST BANK, ET AL. (Tenn. Ct. App. January 31, 2011)


Appellants filed a complaint for declaratory judgment seeking to be named the sole heirs to trust residue. However, the Attorney General moved for summary judgment, claiming that a later trust document provided for a full disposition of the trust assets, and therefore, that no assets remained to which Appellants could be entitled. The trial court granted summary judgment, finding that the intent to leave no residue stated in the later document superseded the prior edition.

On appeal, Appellants argue that intent is irrelevant without a determination of the legal efficacy of the trust documents, and that the trial court lacked subject matter jurisdiction to render an advisory opinion. We find that the trial court properly exercised subject matter jurisdiction in adjudicating the declaratory judgment. Additionally, we affirm the trial court's denial of attorney fees and costs to SunTrust incurred at trial, and we decline to award SunTrust its attorney fees and costs incurred on appeal.


Opinion may be found here:

http://www.tba2.org/tba_files/TCA/2011/morrowd_013111.pdf

Court Reviews Whether a Partnership Existed Between the Decedent and Others

RICHARD SWECKER, et al., v. STEVEN MICHAEL SWECKER, et al., and, DINAH SLUDER, et al., IN RE: ESTATE OF JOSEPH JAMES SWECKER, STEVEN SWECKER, et al., v. RICHARD ALLEN SWECKER (Tenn. Ct. App. January 26, 2011)



Plaintiffs brought this action to establish a partnership with the deceased against the estate's personal representative and others. Defendants answered, denying the allegation that a partnership existed, and filed a counter-complaint, asserting the estate should be reimbursed for plaintiffs' mismanagement of the farm, and for monies the plaintiffs removed from the estate's bank account.

Following an evidentiary hearing, the Trial Court held that deceased and plaintiff had entered into a partnership and that the partnership would be wound up by the Court and the partnership assets distributed. Also, the Trial Court held that plaintiffs would be required to pay rent on the house they occupied on the farm for several years.

On appeal, we affirm the finding that a partnership existed, but reverse the Trial Court's holding that plaintiffs owed the estate rent for occupancy of the house on the farm. We remand, with directions to the Court to wind up the partnership.


Opinion may be found here:
http://www.tba2.org/tba_files/TCA/2011/sweckerr_012611.pdf

Court Reviews Whether Man’s Daughter was the Appropriate Person to Serve as Conservatorship

IN RE CONSERVATORSHIP OF KARUBAH CARNAHAN (Tenn. Ct. App. January 21, 2011)



In this conservatorship case, a daughter filed a petition asking the court to appoint her as the conservator of her father, who had experienced cognitive decline after a stroke and required full-time care in an inpatient facility. The father's spouse protested the appointment of the daughter as the conservator and requested that a neutral third party be appointed instead. After a hearing, the trial court determined that the daughter was the appropriate person to serve as conservator. The spouse appeals. We affirm. 


Opinion may be found at:

http://www.tba2.org/tba_files/TCA/2011/carnahank_012111.pdf

Court Reviews a Money Judgment Against Decedent’s Children in Favor of a Conservator

IN RE: CONSERVATORSHIP OF GOLDIE CHILDS (Tenn. Ct. App. January 6, 2011)

Two of the daughters of an eighty-two year old woman filed a petition to be named as their mother's Conservator. The trial court found that the mother did indeed need a Conservator, but because of family disagreements it appointed a third party to perform that role.

Seven months later, the same daughters filed a petition to remove the incumbent Conservator and to be named as Co-Conservators to replace her. The mother died after proceedings on the second petition began, but before the trial court could rule on its merits. The Conservator subsequently moved the court for payment of her fees. The court found that some of those fees were incurred as a direct result of the uncooperative acts of the two daughters. Since the decedent's estate was indigent, the court entered two money judgments for costs against the daughters.

We reverse the judgment that was assessed against one of the daughters for failing to return her mother to the nursing home in a timely way, because although her actions led to additional costs, no legal basis for the judgment appears in the record. We vacate the judgment based on the unsuccessful petition to remove the conservator and we remand the case for further proceedings, because although Tenn. Code Ann. section 34-1-114 does allow an assessment of costs against such petitioners, it is unclear how much of the court's judgment falls within the parameters of that statute.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2011/childsg_010611.pdf