Legal Opinion

Kelley v. Johns

Court of Appeals of Tennessee

Decided July 12, 2002No. M1998-00912-COA-R3-CVPublishedCited by 53 opinions

1Opinion of the Court

OPINION

WILLIAM C. KOCH, JR., J., delivered the opinion of the court, in which WILLIAM B. CAIN and PATRICIA J. COTTRELL, JJ., joined.

This appeal involves an intra-family dispute over the validity of an 88-year-old decedent’s will leaving his farm to one of his nine children. After the will was admitted to probate in the Maury County Probate Court, six of the decedent’s children filed suit in the Circuit Court for Maury County asserting that their father lacked testamentary capacity when he executed the will and that the will had been procured by undue influence by the child who received the…

2Cases cited35 opinions

  1. Eaton v. McLainTennessee Supreme Court · 1994
  2. Overstreet v. Shoney's, Inc.Court of Appeals of Tennessee · 1999
  3. Givens v. Mullikin Ex Rel. McElwaneyTennessee Supreme Court · 2002
  4. Getz v. StateSupreme Court of Delaware · 1988
  5. Crabtree Masonry Co. v. C & R Construction, Inc.Tennessee Supreme Court · 1978

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3Cited by53 opinions

  1. Duran v. Hyundai Motor America, Inc.Court of Appeals of Tennessee · 2008
  2. In Re Estate of BrevardCourt of Appeals of Tennessee · 2006
  3. In Re Estate of Gertrude Bible LinkCourt of Appeals of Tennessee · 2017
  4. Parish v. KempCourt of Appeals of Tennessee · 2008
  5. Braswell v. Lowe's Home Centers, Inc.Court of Appeals of Tennessee · 2005

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