Baskin v. Commerce Union Bank of Rutherford County

OPINION

LEWIS, Judge.

Plaintiff Curtis L. Baskin has appealed from the trial court’s granting of defendants’ motion to dismiss and the denial of his motion for summary judgment.

The pertinent facts are as follows:

Thomas M. Baskin, Sr. died testate in Rutherford County, Tennessee, on December 9, 1968. His last will and testament was probated in the County Court of Rutherford County on January 4, 1969.

The pertinent portion of Mr. Baskin’s will provides:

Item I. My will is that every species of property be kept together under the control and management of my wife, Mary Ada Baskin during her…