NORMA SIMPSON, IND. AND NEXT OF KIN OF J. W. SIMPSON v. FAYE FOWLER - Articles

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Posted by: Tanja Trezise on Apr 22, 2014

Court: TN Court of Appeals

Attorneys 1:

Charles S. Kelly, Sr., Dyersburg, Tennessee, for the appellant, Faye Fowler.

Attorneys 2:

Bruce Conley, Union City, Tennessee, for the appellee, Norma Simpson.

Judge(s): STAFFORD

This is the second appeal of this case, involving the application of Tennessee Code Annotated Section 31-1-105 to set aside certain transfers by decedent to his long-term companion, which transfers were allegedly made with intent to deny his surviving spouse of her share of his estate. From the totality of the circumstances, and applying the factors outlined by this Court in Finley v. Finley, 726 S.W.2d 923 (Tenn. Ct. App. 1986), we conclude that the evidence preponderates in favor of the trial court’s award of $8,500.00 in insurance proceeds to the surviving spouse for decedent’s funeral costs, but that the evidence preponderates against the trial court’s award of a $28,000.00 bank account to the surviving spouse. Affirmed in part, reversed in part, and remanded.

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