JANE FIELD v. THE LADIES’ HERMITAGE ASSOCIATION - Articles

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JANE FIELD v. THE LADIES’ HERMITAGE ASSOCIATION

Posted by: Tanja Trezise on Jul 25, 2014

Court: TN Court of Appeals

Attorneys 1:

W. Gary Blackburn, C. Dewees Berry IV, Nashville, Tennessee, for the appellant, Jane Field

Attorneys 2:

Robb S. Harvey, Mark M. Bell, Nashville, Tennessee, for the appellee, The Ladies’ Hermitage Association

This is the third round in a battle between these parties over the terms of a deed requiring certain payments to the heirs of the grantor. The property at issue is the historic Tulip Grove Mansion near The Hermitage, in Nashville, Tennessee. The deed conveying Tulip Grove to the Ladies’ Hermitage Association required payments to the heirs of the grantor of one-third “of all gate receipts received by [the LHA] from visitors to Tulip Grove House[.]” In a prior appeal, we held that “the term ‘gate receipts’ in the deed includes the rent paid to LHA for use of the property for special events.” The parties now dispute whether the LHA can deduct expenses from the special event rental fees prior to calculating the heirs’ one-third share. The chancellor held that such a deduction is permissible. We hold that it is not. We therefore reverse and remand for further proceedings.

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