KATHY AUSTIN, ET AL. v. JACOB WILDS, JR., ET AL. - Articles

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Posted by: Tanja Trezise on Apr 22, 2014

Court: TN Court of Appeals

Attorneys 1:

Thomas C. Jessee, Johnson City, Tennessee, for the appellants, Kathy Austin, Vickie Shipley, and Sherry Foshie.

Attorneys 2:

Ben W. Hooper, III, Newport, Tennessee, for the appellees, Jacob Wilds, Jr. and James Wilds.

Judge(s): SWINEY

Kathy Austin, Vickie Shipley, and Sherry Foshie (“Plaintiffs”) sued their brothers, Jacob Wilds, Jr. and James Wilds (“Defendants”), seeking to have certain deeds from their mother set aside due to alleged undue influence and/or duress. After a bench trial, the Chancery Court for Greene County (“Trial Court”) entered its order rendering judgment in favor of Defendants after finding and holding, inter alia, that Plaintiffs had failed to prove the existence of a confidential relationship necessary to show that the subject deeds were procured through undue influence. Plaintiffs appeal. We find and hold that the evidence does not preponderate against the Trial Court’s findings, and we affirm.

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