IN RE: ESTATE OF MARTHA B. SCHUBERT - Articles

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Posted by: Tanja Trezise on Jul 15, 2015

Court: TN Court of Appeals

Attorneys 1:

John A. Lucas and Lane E. McCarty, Knoxville, Tennessee, for the appellant, John Clinton Schubert.

Attorneys 2:

Thomas N. McAdams and Margo J. Maxwell, Knoxville, Tennessee, for the appellee, Morgan Alexander Schubert, Jr.

Judge(s): SWINEY

This case involves the construction of the Last Will and Testament of Martha B. Schubert (“the Will”). The Chancery Court for Knox County (“the Trial Court”) found and held that Martha B. Schubert (“Deceased”) intended the real property described in the second paragraph of Article IV of the Will to be the two parcels of real property owned by Deceased located on Cherokee Boulevard and that these properties vested immediately in John Schubert upon Deceased?s death. John Schubert appeals raising issues regarding whether the Trial Court erred in finding and holding that the second paragraph of Article IV of the Will referred to the two properties on Cherokee Boulevard and that these properties vested in John Schubert immediately upon Deceased?s death. We find and hold that the Trial Court did not err in finding and holding that it was Deceased?s intent that the second paragraph of Article IV of the Will describe the two Cherokee Boulevard properties. We find and hold, however, that these properties did not vest in John Schubert immediately upon Deceased?s death because the Will also contains specific language which, pursuant to Tenn. Code Ann. § 31-2-103, directed that the real property be administered as part of Deceased?s estate. We, therefore, affirm, in part, and reverse, in part.

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