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
