Ballard v. McCoy

In this appeal involving a claim against an estate for trustee fees, the dispositive issue is whether the decedent had established the inter vivos trust on which the claim for fees is based.

Herbert H. Ballard (Ballard) died testate on March 6, 1990, three days after the death of his wife, Clotilde Ballard. On October 3, 1990, Brian T. Scheid, Assistant Commissioner of Accounts for Giles County, held a hearing to receive proof of debts and demands against Ballard’s estate. A claim for trustee fees was submitted by Patricia Ballard McCoy and Wendell L. McCoy (the McCoys), who are Ballard’s…