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Posted by: Chandra Williams on Sep 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert W. Wilkinson, Oak Ridge, Tennessee, for the appellant, Sara Shannon Armes.

Attorneys 2:

David H. Dunaway, LaFollette, Tennessee, for the appellees, Kelly McCartt, Joe McCartt, Nancy McCartt Wilson, and Susan McCartt Collins. Joseph H. Van Hook, Oliver Springs, Tennessee, for the appellees, G.M. McCartt and Betty Jane McCartt Newman. 1

Judge(s): SUSANO

This case involves an agreement among most of the heirs of Vida Mae McCartt (Decedent) regarding the distribution of the assets of her estate. After Decedent’s will was admitted to probate, five of her grandchildren filed an action to contest its validity. Following mediation, the grandchildren and Decedent’s three living children entered into a settlement agreement, which the trial court approved and incorporated into an agreed order distributing the assets of the estate. Thereafter, Sara Shannon Armes, the daughter of Decedent’s deceased son, J.D. McCartt, Sr., brought this action alleging that she was entitled to a share of the estate under the terms of the agreed order. Armes, who was not a party to the settlement agreement, also alleged that her siblings perpetrated a fraud by representing to the court that J.D. McCartt, Sr. had only three children and heirs at law when he actually had four, including Armes. The trial court granted the defendants’ Tenn. R. Civ. P. 12.02(6) motion to dismiss for failure to state a claim upon which relief could be granted. We vacate the judgment of the trial court and remand for further proceedings.