IN RE ESTATE OF DOROTHY JEAN MCMILLIN - Articles

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Posted by: Tanja Trezise on Feb 12, 2015

Court: TN Court of Appeals

Attorneys 1:

Appellant Paul L. McMillin, Knoxville, Tennessee, pro se.

Attorneys 2:

Bruce Hill, Sevierville, Tennessee, for the appellees, James McMillin and Iris Davenport.

Judge(s): ARMSTRONG

This is an estate case. Appellant was the executor of his mother’s estate. Appellant’s siblings, Appellees herein, brought suit against the Appellant in the Knox County Chancery Court for depletion of the estate alleging he exercised undue influence over the decedent to obtain certain funds for himself and his wife. A jury awarded the estate $284,800, and that award is on appeal. While that appeal was pending, the Probate Division of the Knox County Chancery Court heard Appellees’ motion filed in the estate case to have the Appellant removed as executor of the estate. The Probate Division of Knox County Chancery Court granted the Appellees’ motion removing the Appellant. Appellant appeals, arguing that because the depletion case was on appeal, the Probate Division of the Knox County Chancery Court lacked jurisdiction to remove him as executor of the estate. Discerning no error, we affirm.

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