IN RE ESTATE OF ARTHUR E. WAIR, JR. - Articles

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Posted by: Tanja Trezise on Jul 24, 2014

Court: TN Court of Appeals

Attorneys 1:

David J. Callahan, III, Nashville, Tennessee, for the appellants, Sidney Wair, Ralph Wair, and Juanita Jackson.

Attorneys 2:

Paul A. Gontarek, Nashville, Tennessee, for the appellee, Larry Mullins.

Judge(s): SWINEY

This appeal arises from alleged violations of the Tennessee Adult Protection Act (“TAPA”). Arthur E. Wair, Jr. (“Decedent”) executed a last will and testament leaving his entire estate to his friend and accountant, Larry Mullins (“Mullins”). After Decedent died, his siblings Sidney Wair, Ralph Wair, and Juanita Jackson (“Plaintiffs”) sued Mullins in the Circuit Court for Davidson County (“the Trial Court”) not as a will contest but instead alleging that Mullins had exercised undue influence over their brother to manipulate him into executing the will all in violation of TAPA. Mullins filed a motion to dismiss, which the Trial Court granted. Plaintiffs appeal. We hold, inter alia, that any claim for abuse or neglect under TAPA was barred by the one-year statute of limitations for personal torts, and that Plaintiffs otherwise failed to state a claim under TAPA. We affirm the Trial Court.

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