IN RE THE DECEDANT ESTATE OF EDWARD LAVOY GLASSCOCK - Articles

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Posted by: Barry Kolar on Jun 13, 2012

Court: TN Court of Appeals

Attorneys 1:

John Ralph Bumpus, Shelbyville, Tennessee, for the Appellant, Lynn Orr Chevalier.

Attorneys 2:

Andrew Clark Rambo, Shelbyville, Tennessee, for the Appellee, Clarence Bernard Glasscock.

Judge(s): DINKINS

This appeal arises from the denial of a petition filed by the niece of a decedent’s surviving spouse to have the decedent’s estate administered and to have a personal representative appointed. The probate court dismissed the niece’s petition for lack of standing holding that she could not proceed as next friend of her aunt because her aunt had previously appointed the decedent’s brother as her attorney-in-fact. The niece contends on appeal that she has standing to pursue the administration of the decedent’s estate in accordance Tenn. R. Civ. Proc. 17.03 because the attorney-in-fact for her aunt failed to initiate administration of the decedent’s estate. We affirm the dismissal of the petition.

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