IN RE: ESTATE OF VIDA MAE MCCARTT - Articles

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Posted by: Karen Belcher on Jul 25, 2017

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, Susan Collins, Nancy Wilson, and Joe McCartt.

Judge(s): ARMSTRONG

Appellant brought this action challenging the settlement agreement reached by the contestants in a will contest. Appellant, the legitimated child of Decedent’s deceased son, filed suit to set aside the settlement agreement based on allegations that the will contestants, including Appellant’s half-siblings, i.e., Appellees, engaged in fraud and misrepresentation in an effort to exclude Appellant from her share of Decedent’s estate. Because Appellant had knowledge of the will contest, chose not to participate in the will contest, and there is no evidence that the Appellees acted in bad faith or fraudulently, we conclude that the trial court did not err in refusing to order a share of the Decedent’s estate to be distributed to Appellant. Affirmed and remanded.

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