JAMES McMILLIN ET AL. v. PAUL LINDSEY McMILLIN ET AL. - Articles

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Posted by: Tanja Trezise on Mar 31, 2015

Court: TN Court of Appeals

Attorneys 1:

Paul L. McMillin, Knoxville, Tennessee, Pro Se.

Attorneys 2:

Johneta McMillin, Knoxville, Tennessee, Pro Se.

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

Judge(s): FRIERSON

The plaintiffs are siblings and two of the four adult children of the decedent. The defendants include a third adult child and his wife. In the months preceding her death, the decedent changed her bank accounts, originally titled solely in her name, to become joint accounts with the defendant son with right of survivorship. The plaintiffs asserted that the defendant sibling exerted undue influence over the decedent in these transactions. They sought the return of all monies withdrawn from those bank accounts to the decedent?s estate. Following a two-day trial, the jury rendered a verdict for the plaintiffs in the amount of $284,800. The defendants have appealed. Discerning no error, we affirm.

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