IN RE: ESTATE OF RAYMOND L. SMALLMAN, DECEASED, MARK SMALLMAN, ET AL., V. LINDA CARAWAY, ET AL. (Tenn. Ct. App. December 12, 2011)
The two sons of decedent asked the Court to declare that their father died intestate and that his marriage to appellant a few days before he died was void because he was neither competent to make a will or enter into a marriage contract. Upon trial, the jury determined that the deceased was not of sound mind when he executed a will, a copy of which was filed in evidence, and the will was obtained through undue influence of appellant. The jury also found that the marriage between the decedent and appellant was invalid as well. The Trial Judge approved the jury verdict and appellant has appealed. We hold that material evidence supports the jury verdict as approved by the Trial Judge and remand.
Full opinion available at:
http://www.tba2.org/tba_files/TCA/2011/smallmanr_121211.pdf
SUSANO's dissenting opinion is available here:
http://www.tba2.org/tba_files/TCA/2011/smallmanr_DIS_121211.pdf
