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Posted by: Chandra Williams on May 13, 2016

Court: TN Court of Appeals

Attorneys 1:

David W. Camp, Jackson, Tennessee, for the appellant, Donnie J. Culp.

Attorneys 2:

James Y. Ross, Sr., Waynesboro, Tennessee, for the appellee, Estate of Lois Culp.

Judge(s): GOLDIN

This case involves the distribution of assets in a testamentary trust. The decedent’s will provided for her real property to be left in a trust established for the benefit of her children and grandchildren. After the will was admitted to probate, the trustee filed a petition seeking judicial authorization to sell the property to avoid reoccurring expenses and prevent waste. One of the beneficiaries submitted a response in which he asserted that he and all of the other beneficiaries opposed selling the property. Following a hearing, the trial court entered an order in which it held that the will granted the trustee unrestricted authority to sell the property without judicial authorization if, in her best judgment, doing so would be in the beneficiaries’ best interest. The beneficiary appealed. We affirm.