ESTATE OF ELLA MAE HAIRE, ET AL. v. SHELBY J. WEBSTER, ET AL. - Articles

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Posted by: Landry Butler on Nov 29, 2017

Court: TN Court of Appeals

Attorneys 1:

Robin M. McNabb, Knoxville, Tennessee, for the appellants, Phillip Daniel Haire, individually and as personal representative of the Estate of Ella Mae Haire.

Attorneys 2:

J. Michael Winchester and E. Brian Sellers, Knoxville, Tennessee, for the appellee, First Tennessee Bank National Association.

Judge(s): SWINEY

This appeal arises from a family dispute over joint bank accounts. Phillip Daniel Haire (“Danny Haire”) sued First Tennessee Bank National Association (“the Bank”) in the Chancery Court for Knox County (“the Trial Court”) alleging, among other things, breach of contract. The Bank had allowed Danny Haire’s late mother Ella Mae Haire (“Decedent”) to remove him unilaterally as joint tenant with right of survivorship from certain accounts. The Bank filed a motion to dismiss, which the Trial Court granted. Danny Haire appealed. We hold, inter alia, that Danny Haire’s complaint failed to identify which contract term the Bank allegedly breached, and that Decedent could have removed all of the funds from the account, thus effectuating the same practical result as that which actually occurred. We affirm the judgment of the Trial Court.

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