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Posted by: Tanja Trezise on Oct 29, 2013

Court: TN Court of Appeals

Attorneys 1:

Christopher Robert Stanford, Manchester, Tennessee, for the appellant, William Terry Davis.

Attorneys 2:

R. Horton Frank, Nashville, Tennessee, for the appellees, Lani Thomas Arnold, et al.

Ames Davis, Nashville, Tennessee, for the appellee, Ames Davis, Administrator C.T.A. of the Estate of Mary Reeves Davis.

Judge(s): COTTRELL

Decedent passed away in 1999, and Husband filed a petition for an elective share and a year’s maintenance. Days before the trial was scheduled to begin in 2012 Husband discharged his attorneys and requested a continuance to find replacement counsel. The trial court permitted Husband’s attorneys to withdraw but denied Husband’s motion to continue. The trial court denied Husband’s petition for an elective share because Husband had already received the bequest Decedent left him in her will. The trial court also denied Husband’s request for a year of maintenance because Husband had transferred to himself over $250,000 from Decedent’s accounts shortly before her death, and the amount Husband transferred to himself exceeded the amount Husband sought as maintenance. Husband appealed the trial court’s judgment, and we affirm in all respects.