BETTY C. GOFF CARTWRIGHT v. JACKSON CAPITAL, ET AL. - Articles

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Posted by: Tanja Trezise on Jun 5, 2012

Court: TN Court of Appeals

Attorneys 1:

Jerry E. Mitchell, Justin E. Mitchell, Memphis, Tennessee, for the appellant, Alan C. Cartwright

Attorneys 2:

David Wade, Andrew Gardella, Memphis, Tennessee, for the appellees, Jackson Capital, et al

Judge(s): HIGHERS

This appeal involves various claims by a beneficiary of several trusts against his sister and her husband, who serve as the trustee and co-trustee of some of the trusts. The defendants/trustees filed a motion for partial summary judgment, claiming that they had followed the terms of the trusts and paid the beneficiary all distributions to which he was entitled pursuant to the trust documents. In response, the beneficiary asserted that the trust documents were void either because they were fabricated, or because he executed them due to undue influence. The trial court granted the defendants’ motion for partial summary judgment, and the beneficiary voluntarily dismissed all of his remaining claims. The beneficiary appeals. We affirm in part, reverse in part, and remand for further proceedings.

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