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Posted by: Tanja Trezise on Oct 22, 2012

Court: TN Court of Appeals

Attorneys 1:

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

Attorneys 2:

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

Judge(s): CANTRELL

This is the second round in a long-running dispute over the provisions in a warranty deed conveying historic Tulip Grove to the Ladies Hermitage Association (LHA). In the deed LHA agreed to make certain payments to the grantor and her heirs. In a prior appeal this Court affirmed the chancellor’s ruling that the property did not revert to the heirs so long as LHA paid the heirs at least $600 every six months. On remand the chancellor held that LHA did not have an implied obligation to keep the property open for paid tours and that LHA did not have to share with the heirs the income derived from renting the property for special events. We affirm the chancellor on the implied obligation and reverse the holding on the heirs’ right to a portion of the special event income.