IN RE ESTATE OF REGINALD BOYA DEMONBREUN (Tenn. Ct. App. February 9, 2012)
The decedent and a partner purchased property which became the decedent's residence. In 2009, the partner quitclaimed his half of the property, worth $35,000, to the decedent. They executed a promissory note stating that the decedent would pay $600 per month until the balance was paid in full.
When the decedent died, he still owed $27,900 to the partner. The partner filed a claim for the unpaid balance but could only provide a copy of the promissory note because he could not find the original. The probate court found that the photocopy was permissible and granted his claim for $27,500.
The personal representative appealed the order on the grounds that the best evidence rule should have barred the photocopy. The Court of Appeals found that the trial court had not committed any error and affirmed their ruling.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/demonbreunr_020912.pdf
