IN RE: ESTATE OF LOIS WHITTEN - Articles

All Content


Posted by: Tanja Trezise on Sep 8, 2014

Court: TN Court of Appeals

Attorneys 1:

Harold Ross Gunn, Humboldt, Tennessee, for the appellant, Loyd Clough.

Attorneys 2:

William B. Mauldin and Brandon O. Gibson, Jackson, Tennessee, for the appellee, The Drug Store.

Judge(s): MALOAN

Creditor filed a claim against deceased debtor’s estate. Administrator of the estate filed an exception to the claim, alleging that it was not filed within the four-month period following publication of the Notice to Creditors. The Chancery Court, Gibson County, George R. Ellis, J. allowed the claim after finding that the notice provided to Creditor was insufficient to constitute “actual notice” of the probate proceedings, and thus the one-year limitation period for filing claims applied. Administrator appealed. We affirm the judgment of the Chancery Court.

Attachments: