Court reviews whether an order to sell real property and division of proceeds is consistent with the intent of the decedent

WANDA LEAVER WILLIAMS ET AL. v. BRANDON LEAVER ET AL. (Tenn. Ct. App. September 28, 2011)

The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/williamsw_092811.pdf

Court reviews an action to establish a conservatorship that was not fully adjudicated before the Respondent's death

IN RE: THE CONSERVATORSHIP OF PAUL ESTIL LINDSEY (Tenn. Ct. App. September 16, 2011)

This is an action to establish a conservatorship. The trial court assigned one-half of Petitioner's attorney's fees and fees of the guardian ad litem to Respondent, although Respondent died before the matter was fully adjudicated and no fiduciary was appointed. We reverse.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/lindseyp_091611.pdf

Court reviews a will contest that questions the decedent's testamentary capacity

BOYD L. HUGHES ET AL. v. CURTIS E. HUGHES, EXECUTOR OF THE ESTATE OF LUCILLE C. LUTTRELL (Tenn. Ct. App. September 8, 2011)

This is a will contest case in which the plaintiffs attempt to invalidate the will of Lucille C. Luttrell due to her supposed lack of testamentary capacity. The executor of Ms.Luttrell's estate filed two motions for summary judgment. The first one was denied; the second one was granted. The court ultimately held that the affidavits of medical doctors who evaluated the testator's mental faculties approximately six months before she signed her will do not create a genuine issue of fact regarding her testamentary capacity at the time she signed the will. The plaintiffs appeal. We vacate the order granting summary judgment and remand for further proceedings.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/hughesb_090811.pdf