Legal Opinion · Dissent

Estate of Russell v. Snow

Tennessee Supreme Court

Decided March 16, 1992Published

1DissentO’Brien, Justice

In my view the opinion of the Court of Appeals in this case was eminently correct. The majority in this Court have fallen into serious error by reversing the lower court’s judgment.

The issue as stated by the appellant is whether the appellate court erred in affirming the probate court’s denial of a motion for the appointment of an administrator ad litem.1

The majority opinion cites the appropriate and pertinent statutes and authorities and then proceeds to apply them in contradiction of all established precedent. T.C.A. § 20-5-103, subsection (a), is cited as follows:

In all cases where a…

2Cases cited9 opinions

  1. Tidwell v. CollinsTennessee Supreme Court · 1975
  2. Worrall v. Kroger Co.Tennessee Supreme Court · 1977
  3. City of Caryville v. Campbell CountyCourt of Appeals of Tennessee · 1983
  4. Goss v. HutchinsTennessee Supreme Court · 1988
  5. Brooks v. GarnerTennessee Supreme Court · 1953

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