IN RE ESTATE OF NANCY L. JOSEPHSON - Articles

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Posted by: Tanja Trezise on Sep 12, 2012

Court: TN Court of Appeals

Attorneys 1:

Lee Bussart Bowles, Lewisburg, Tennessee, for the Appellant, Niel R. Josephson.

Attorneys 2:

John R. White, Shelbyville, Tennessee, for the Appellees, Tracy Lynn Davis and Fred Thomason McMillen, IV.

Judge(s): DINKINS

Husband and Wife executed wills in which each relinquished the right of survivorship in the marital residence and ordered that the property be sold and that $152,000 of the sale proceeds be distributed to Wife’s children. Following the death of Wife, her children brought action to compel Husband to dispose of the property in accordance with Wife’s will. Husband appeals the holding that the wills he and Wife executed created a valid, enforceable contract that required him to sell their residence upon her death. We affirm the judgment of the trial court.

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