Court reviews whether the Executor or the Survivor is entitled to the Deceased's bank accounts and CDs

G. PERRY GUESS, EXECUTOR OF THE ESTATE OF C. CHARLTON HOWARD v. ELIZABETH G. FINLAY (Tenn. Ct. App. April 16, 2012)

This case involves a dispute between G. Perry Guess (“the Executor”), 1 Executor of the Estate of C. Charlton Howard (“the Deceased”), and the Executor’s sister, Elizabeth G. Finlay (“the Survivor”), regarding the ownership of funds, following the death of the Deceased, in several bank accounts and certificates of deposit.

The trial court awarded the bank accounts to the Executor and the CDs to the Survivor. The Executor claims he is also entitled to the CDs while the Survivor argues that she should have received all of the funds.

We reverse that portion of the trial court’s judgment awarding the bank accounts to the Executor. We modify the judgment in favor of the Survivor so as to award to her all of the bank accounts as well as the CDs.

Opinion available at:
https://www.tba.org/sites/default/files/guessg_041612.pdf

Court reviews whether an order to sell real property and division of proceeds is consistent with the intent of the decedent

WANDA LEAVER WILLIAMS ET AL. v. BRANDON LEAVER ET AL. (Tenn. Ct. App. September 28, 2011)

The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/williamsw_092811.pdf