ANDREW J. WITHERS v. WITHERS COLLECTION, INC., ET AL. - Articles

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ANDREW J. WITHERS v. WITHERS COLLECTION, INC., ET AL.

Posted by: Azya Thornton on Jun 12, 2026

Court: TN Court of Appeals

Attorneys 1: Terry Clayton, Nashville, Tennessee, and Sheridan Todd Yearly, Baltimore, Maryland, for the appellants, Withers Collection, Inc., and Rosalind Withers, individually and in her capacities as the trustee of the Withers Family Trust, the Withers Family Representative, and the Executive Director of Withers Collection Inc.

Attorneys 2: Edward M. Bearman, Memphis, Tennessee, for the appellee, Andrew J. Withers.

Judge(s): MCGEE

This appeal arises from a complaint originally filed in the Shelby County chancery court that sought the removal of the trustee of a trust based on alleged breaches of fiduciary duties, breach of trust, conversion of trust property, and other claims. The chancellor who was assigned the case determined that he had a conflict of interest requiring him to recuse himself. The other chancellors in the judicial district were also unable to hear the case, and the original chancellor signed an order transferring the case to the circuit court. The circuit court entered an order removing the trustee. The defendants filed this appeal. Finding that the circuit court lacked subject matter jurisdiction, we vacate the removal of the trustee and remand for transfer of the case back to a court of appropriate jurisdiction.

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