Legal Opinion

In Re Estate of McFarland

Tennessee Supreme Court

Decided July 7, 2005No. E2003-01833-SC-R9-CVPublishedCited by 55 opinions

1Opinion of the Court 1

*301OPINION

2Opinion of the Court · BarkerWilliam M. Barker, J.

in which E. RILEY ANDERSON, and ADOLPHO A. BIRCH, Jr., JJ., joined. FRANK F. DROWOTA, III, C.J., filed a dissenting opinion in which JANICE M. HOLDER, J., joined.

We granted review in this case to determine the appropriate manner of distributing lapsed residuary gifts in a will. Specifically, we are confronted with a holographic will containing a residuary clause which devised percentages of the testatrix’s estate to certain named beneficiaries. Three of these beneficiaries predeceased the testatrix, causing their gifts to lapse. Because these beneficiaries also died without issue, the…

3Cases cited31 opinions

  1. Davis v. MitchellCourt of Appeals of Tennessee · 1943
  2. Gray's EstateSupreme Court of Pennsylvania · 1892
  3. In Re Estate of VincentTennessee Supreme Court · 2003
  4. Bankers Trust Company v. AllenSupreme Court of Iowa · 1965
  5. Corbett v. SkaggsSupreme Court of Kansas · 1922

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4Cited by55 opinions

  1. Michelle RYE Et Al. v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC Et Al.Tennessee Supreme Court · 2015
  2. Webb v. Nashville Area Habitat for Humanity, Inc.Tennessee Supreme Court · 2011
  3. STATE of Tennessee v. DeWayne COLLIER AKA Patrick CollierTennessee Supreme Court · 2013
  4. Clark D. Frazier v. State of TennesseeTennessee Supreme Court · 2016
  5. State of Tennessee v. Kenneth McCormickTennessee Supreme Court · 2016

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