IN RE ESTATE OF ALFRED C. DIVINEY, SR. - Articles

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Posted by: Landry Butler on Nov 28, 2017

Court: TN Court of Appeals

Attorneys 1:

Alan C. Housholder, Nashville, Tennessee, for the appellant, Audrey Diviney.

Attorneys 2:

Richard Horton Frank, III, and Katlin Anne Ryan, Nashville, Tennessee, for the appellee, Frances Colleen Couey Diviney.

Judge(s): BENNETT

In an agreed order settling a widow’s claim for exempt property and homestead against her husband’s estate, the parties included language that they were settling “all claims that the Petitioner asserted or might have asserted in the Petition.” When the widow subsequently petitioned for a year’s support and elective share, the trial court held that her claim was barred by res judicata. We affirm the judgment of the trial court.

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