Court reviews the validity of a holographic will that was executed while testator was under a conservatorship

IN RE: ESTATE OF MIRIAM L. RINEHART (Tenn. Ct. App. November 15, 2011)

This case concerns a holographic will executed by the testator while under a conservatorship. After the testator died, Appellant sought to be named personal representative over the decedent's estate and to have the decedent's holographic will probated. The decedent's daughter objected, arguing that at the time the holographic will was executed, the decedent was under a conservatorship that expressly revoked the decedent's right to make a will. The trial court granted the motion to dismiss in favor of the decedent's daughter. Discerning no error, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/rinehartm_111511.pdf

Court reviews an action seeking to rescind a warranty deed

IN RE: THE MATTER OF THE CONSERVATORSHIP OF MITTIE T. ALEXANDER v. JB PARTNERS, A Tennessee General Partnership (Tenn. Ct. App. November 2, 2011)

Plaintiff Conservator filed an action seeking rescission of a warranty deed executed by her Ward prior to the establishment of the conservatorship. The deed conveyed real property in Nashville to Defendant without consideration, but retained a life-estate. Plaintiff alleged incapacity to contract as grounds for rescission. Prior to the filing of Plaintiff's action, Defendant and Appellee Intervener executed a contract for sale of the property, subject to the life-estate. The trial court determined that the Intervener held superior title to the real property under the doctrine of equitable conversion. The trial court entered final judgment in favor of Intervener pursuant to Tennessee Rule of Civil Procedure 54.02. We affirm in part, reverse in part, and remand.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/alexanderm_110211.pdf

Court reviews whether an out-of-state probate court order for relief is enforceable in Tennessee

ROBERT R. SMITH, AS CONSERVATOR FOR THE ESTATE OF H. BOYD ISRAEL, WARD v. MARK ISRAEL (Tenn. Ct. App. November 1, 2011)

Petitioner sought to domesticate four orders entered by a probate court in Georgia for the payment of money pursuant to the Uniform Enforcement of Foreign Judgments Act, Tenn. Code Ann. section 26-6-101, et seq. The trial court granted the petitioner the relief he sought, and the debtor appealed, arguing Tennessee public policy should prevent the orders from being enforced based on the unusual circumstances surrounding the issuance of the orders and his attorney's misconduct in the Georgia proceedings. We affirm the trial court's judgment because the Georgia court had jurisdiction to enter the orders and Tennessee courts are not in a position to review the facts leading to a foreign court's judgment.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/smithr_110111.pdf