All Content

Posted by: Landry Butler on Nov 13, 2017

Court: TN Court of Appeals

Attorneys 1:

Donald Capparella and Tyler Chance Yarbro, Nashville, Tennessee, for the appellants, Gary Lee Morris and Pamela Jean Morris.

Attorneys 2:

Eddy R. Smith and Katie Tolliver Jones, Knoxville, Tennessee, for the appellees, Estate of Bill Morris, Deceased, Bill Morris, Jr., and Cheryl Morris.


This is an appeal from the trial court’s denial of Appellants’ motion pursuant to Tennessee Rule of Civil Procedure 60.02. In In re Estate of Morris, No. M2014-00874- COA-R3-CV, 2015 WL 557970, (Tenn. Ct. App. Feb. 9, 2015), perm. app. denied (Tenn. June 15, 2015) (Morris I), this Court held that Decedent’s will was invalid for failing to comply with the statutory formalities for executing a will. Following the Supreme Court’s denial of certiorari, the parties entered into an agreed order declaring the will invalid and agreeing to administer the Decedent’s estate as an intestate estate. After our decision in Morris I and entry of the agreed order, the legislature amended Tennessee Code Annotated section 32-1-104 to validate wills executed in the manner of the will at issue here. Relying on this amendment, Proponents of the will filed a Rule 60.02 motion asserting that "it is no longer equitable that the [agreed final judgment] should have prospective effect and relief from the operation is justified.” The trial court denied Rule 60.02 relief and proponents of the will appeal. Discerning no error, we affirm.