IN RE ESTATE OF IDA LUCILLE LAND - Articles

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IN RE ESTATE OF IDA LUCILLE LAND

Posted by: Landry Butler on Aug 13, 2018

Court: TN Court of Appeals

Attorneys 1:

Buddy B. Presley, Jr. and Terrance L. Jones, Chattanooga, Tennessee, for the appellant, Kenneth L. Hill.

Attorneys 2:

Whitney Durand, Chattanooga, Tennessee, for the appellee, Judy A. Allen.

Judge(s): SWINEY

Judy A. Allen (“Allen”) filed suit contesting the Last Will and Testament of Ida Lucille Land dated May 9, 2011 (“the Will”), which was admitted to probate in October of 2015. The case proceeded to trial before a jury, and after trial the Chancery Court for Hamilton County (“the Trial Court”) entered judgment on the jury’s verdict finding that there was undue influence arising from a confidential relationship between Kenneth L. Hill (“the Executor”) and his wife, Pauline Hill, and Ida Lucille Land (“Deceased”); that the Executor and Pauline Hill unduly benefitted from the Will; and that the Executor and Pauline Hill failed to prove by clear and convincing evidence that the transaction was fair. The Executor appeals to this Court raising issues regarding whether the naming of a person as executor is a sufficient benefit to trigger the presumption of undue influence and whether the Trial Court erred in denying the Executor’s motion for directed verdict. We find and hold that there is material evidence supporting the jury’s verdict that the Executor and Pauline Hill exercised undue influence, that they received a benefit under the Will, and that the Executor and Pauline Hill failed to prove that the transaction was fair. We further find and hold that the Trial Court did not err in denying the motion for directed verdict. We, therefore, affirm the Trial Court’s June 8, 2017 Final Decree.

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