IN RE ESTATE OF BENJAMIN M. BATES AND ESTATE OF PEARL BATES (Tenn. Ct. App. January 6, 2012)
This appeal arises from a claim filed against two decedents' estates to recover the value of improvements made to real estate since 2000. The claimant is one of nine children of the decedents, husband and wife, who died in 1959 and 1962, respectively. The court granted the appellee's claim for the value of improvements made since 2000 to the decedents' former home place. Because the decedents died intestate, their real property immediately vested in their heirs in 1962. Therefore, the real estate the claimant improved beginning in 2000 was not owned by either decedent at that time or thereafter; thus, the award of a claim against the estates of these two decedents is a nullity. Accordingly, the judgment is vacated and the case is remanded.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/batesb_010612.pdf
Showing posts with label Intestacy. Show all posts
Showing posts with label Intestacy. Show all posts
Saturday, January 7, 2012
Monday, December 12, 2011
Court reviews whether decedent was competent to make a will or to enter into a marriage contract
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
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
Subscribe to:
Posts (Atom)