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Posted by: Amelia Ferrell Knisely on Mar 14, 2016

Court: TN Court of Appeals

Attorneys 1:

Kevin W. Shepherd and D. Chris Poulopoulos, Maryville, Tennessee, for the appellants, Christina Davis, Terran Denise Davis, and Taylor Ann Davis.

Attorneys 2:

Robert N. Goddard, Maryville, Tennessee, for the appellee, Dan Tussey, Personal Representative of the Estate of Terry Paul Davis.

Duncan V. Crawford, Maryville, Tennessee, for the appellees, Olive K. Davis, Larry Alan Davis, Lisa Davis, Gena Tussey, and Dan Tussey.

Judge(s): SWINEY

Christinia Davis (“Wife”), Terran Denise Davis (“Terran”)1, and Taylor Ann Davis (“Taylor”) appeal the April 17, 2015 order of the General Sessions Court for Bount County Probate Division (“Probate Court”) upholding the Last Will and Testament of Terry Paul Davis (“the Will”). Wife, Terran, and Taylor raise an issue regarding whether the Probate Court erred in finding that the presumption of undue influence arising out of the proven confidential relationship between Terry Paul Davis (“Deceased”) and Olive K. Davis (“Davis”) was rebutted by clear and convincing evidence. We find and hold that although a confidential relationship was proven between Deceased and Davis, clear and convincing evidence was proven to rebut the presumption of undue influence. We, therefore, affirm.