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Posted by: Tanja Trezise on Jan 10, 2013

Court: TN Court of Appeals

Attorneys 1:

David H. Stanifer and Lindsey C. Cadle, Tazewell, Tennessee, for the appellant, Charles Edward Martin.

Attorneys 2:

Floyd W. Rhea, Sneedville, Tennessee, for the appellees, Edith M. Ramsey and Mary E. Horton.

Judge(s): SWINEY

Edith M. Ramsey and Mary E. Horton filed a petition seeking a declaratory judgment with regard to the interpretation of the Last Will and Testament of Pauline Martin (“the Will”). Specifically, Ms. Ramsey and Ms. Horton sought an order establishing the location and width of a right-of-way granted in the Will. After a trial, the Trial Court entered its judgment on October 11, 2011 finding and holding, inter alia, that the right-of-way referenced in the Will was a farm road with a width of twelve feet as shown on an August 25, 2009 survey. Charles E. Martin, another beneficiary under the Will, appeals to this Court. We find and hold that the right-of-way referenced in the Will is not the farm road, but is what is referred to as the Ramsey right-of-way as shown on the August 25, 2009 survey, and we reverse the Trial Court’s judgment as to the location. We affirm the remainder of the Trial Court’s judgment.