Legal Opinion

In Re Estate of Leath

Court of Appeals of Tennessee

Decided March 3, 2008No. E2007-00555-COA-R3-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

SHARON G. LEE, J„

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

Decedent’s will could not be located after his death, and decedent’s widow and stepdaughters petitioned the trial court to recognize and establish a copy of such will as decedent’s last will and testament. The trial court denied the petition upon determining that the petitioners failed to present sufficient evidence to overcome the strong presumption that the lost will was revoked by decedent. We affirm the judgment of the trial court and remand.

I. Background

On March…

2Cases cited11 opinions

  1. Union Carbide Corp. v. HuddlestonTennessee Supreme Court · 1993
  2. Campbell v. Florida Steel Corp.Tennessee Supreme Court · 1996
  3. Presley v. BennettTennessee Supreme Court · 1993
  4. Seals v. England/Corsair Upholstery Manufacturing Co.Tennessee Supreme Court · 1999
  5. Harper v. WatkinsCourt of Appeals of Tennessee · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cynthia A. Wilkerson v. Raynella Dossett LeathCourt of Appeals of Tennessee · 2012
  2. Deborah Hart v. Memphis Light, Gas, & Water DivisionCourt of Appeals of Tennessee · 2018
  3. In Re Estate of Gayle Franklin CookCourt of Appeals of Tennessee · 2019
  4. In Re Estate of Ruby C. RoggliCourt of Appeals of Tennessee · 2017
  5. In Re Estate of William Daniel OakleyCourt of Appeals of Tennessee · 2015

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