THE ESTATE OF PAULINE VERNUSE BUTLER, v. PAUL V. PEEPLES, SR. (Tenn. Ct. App. May 26, 2011)
The representative of this Estate filed a "Motion to Marshal Assets" alleging that a California resident held assets of the Estate and had refused to turn them over to the Estate. The Trial Court summarily ordered the California resident to surrender any assets held and turn them over to the Estate. Paul V. Peeples, the California resident, filed a Motion in Probate Court that the Court had no personal jurisdiction over him, along with his affidavit. His Motion was denied. He appealed to this Court and we hold that he was not subject to the jurisdiction of the Trial Court and reverse the orders against him and dismiss him as a party to the probate estate action.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/butlerv_052611.pdf
