IN RE ESTATE OF ELLRA DONALD BOSTIC - Articles

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Posted by: Landry Butler on Dec 6, 2016

Court: TN Court of Appeals

Attorneys 1:

Jerry J. Fabus, Jr., Johnson City, Tennessee, for the appellant, June Bostic Lane.

Attorneys 2:

Russell W. Adkins, Kingsport, Tennessee, for the appellee, Linda M. Mullins.

David L. Robbins, Johnson City, Tennessee, for the appellee, Estate of Ellra Donald Bostic.

Judge(s): STAFFORD

Decedent’s sister was appointed as executor of the estate and subsequently filed a will contest complaint regarding a single bequest in the will. The trial court removed sister as executor and appointed an administrator pendente lite. Ultimately, the trial court dismissed sister’s will contest on the basis that the sister was estopped from attacking the will after her appointment as executor. Sister appeals. We affirm the trial court’s ruling with regard to sister’s standing to contest the will. However, we vacate the trial court’s dismissal of sister’s will contest on the basis of estoppel and remand for further proceedings consistent with this Opinion. Affirmed in part, vacated in part, and remanded.

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