Union Planters National Bank, as Executor and Trustee Under the Will of James A. LeRoy, Deceased, v. Betty Clair Reinhardt Dedman, John Dedman, Bernice A. LeRoy, Jill LeRoy Dimiceli, and Sue LeRoy Henderson, et al.
Union Planters National Bank (“Bank”), as executor for the estate of James A. LeRoy (“Testator”), filed an action in the Probate Court of Shelby County for probate of Testator’s will on January 5, 1989. Bank subsequently filed suit for declaratory judgment against the beneficiaries and legatees of Testator’s property (“appellees”) alleging that the residuary estate provided for in Testator’s will to pay all death taxes was insufficient to cover his tax liability and seeking restitution from the appellees for their proportional share. Dedman appellees responded by contending that the post-death appreciation of residuary estate assets and the receipt of income from those assets had sufficiently increased the value of the residuary estate to enable it to sufficiently cover all death taxes requested by Bank. The Special Master appointed by the trial judge confirmed the sufficiency of the residuary estate on the date the taxes were due. The trial court entered judgment for appellees confirming the report of the Special Master finding that there was no shortfall in the residuary estate established by the testator in his will and thus rendering appellees not liable to Bank for reimbursement of death taxes in any amount. We find the decision of the lower court as to the issue of post-death income to the residuary trust to be in error and remand. Due to the complicated facts of this case and our determination that one issue in this case requires a remand to the lower court, we will only present the facts relevant to that issue. |
Shelby | Court of Appeals | |
Kohn Ashmore, b/n/f Angela Ashmore and Rodney Ashmore v. Hamilton County, Tennessee - Concurring
The plaintiffs instituted this action against Hamilton County (defendant) charging that the defendant was negligent in maintaining Levi Road in that the county allowed shrubbery to grow along the right-of-way of Levi Road which impaired the vision of persons entering upon the roadway from adjacent properties. No roadway intersection was involved in the accident. The minor plaintiff, Kohn Ashmore, entered upon Levi Road from the lawn of property owned by a Mr. Sands. After a bench trial the trial court entered judgment in favor of the defendant. It is from this judgment that the plaintiffs' appeal. We affirm the judgment of the trial court. |
Hamilton | Court of Appeals | |
Gerry Sue Hasek v. Donna Keene Holt and Gilreath and Associates
This is a legal malpractice action. The Plaintiff alleges that she employed the defendants to reporesent her in a medical malpractice claim against Baptist Hospital of East Tennessee, Dr. Robert Hall or the proper party to be sued. Suit was brought against Baptist Hospital of East Tennessee and was, after mediation, eventually settled. Dr. Hall was not sued. The failure to bring an action against Dr. Hall is the basis of this action.
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Knox | Court of Appeals | |
Suzanne Monique Swilley Ely v. Kenneth Ray Ely
The pivotal issue on this appeal is whether or not the trial court erred in its calculation of the gross income of the obligor for determining his child support obligation. |
Knox | Court of Appeals | |
William T. Rawls, v. N.V. Hodge, Norfolk Southern Railway Company, Inc., and James Moyer Massey
William T. Rawls (plaintiff) brought this action to recover damages resulting froma collision between a truck in in which he was a passenger and a train owned by Norfold Southern Railway Company. The truck was being driven by the defendant, James Massey. The train engineer was the defendant, N.V. Hodge. Rawls alleged that Norfolk Southern's locomotive was at the timeof the collison being operated in a negligent manner under the circumstances existing at the crossing where the accident took place. He alleged that Hodge failed to give warning by blowing the train's whistle or horn, and that the crossing was not sufficiently marked by adequate warning devices. Rawls also sued Dycho Company, the owner of the land adjacent to to the rialway, alleging that a fence which Dycho had placed onits land, together with various structures and objects inside the fence, constituted a dangerous obstruction which blocked the view of the oncoming train. |
Knox | Court of Appeals | |
Josephine Brown, Whitfield Brown, and Earline Culp, v. Dr. Kenneth Kudsk and UT Medical Group, Inc.
This is an appeal from a summary judgment in a medical malpractice case. The trial 2 court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk (“Dr. Kudsk”). Plaintiffs, Josephine Brown ( “Brown”), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court’s granting of summary judgment when the Plaintiffs’ expert affidavits and deposition testimony were proper responsive proof to the Defendant’s motion for summary judgment. For reasons stated herein, we affirm the trial court’s judgment. |
Shelby | Court of Appeals | |
Wigginton vs. Wigginton
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Court of Appeals | ||
State, ex. rel. Rion vs. Rion
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Davidson | Court of Appeals | |
Farmer vs. Dept. of Children Svcs.
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Davidson | Court of Appeals | |
Williams vs. Comer
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Sumner | Court of Appeals | |
01A01-9701-CH-00035
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Marshall | Court of Appeals | |
Bragg vs. Metro Gov't.
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Davidson | Court of Appeals | |
Barnett vs. Barnett
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Davidson | Court of Appeals | |
Steiner vs. The Parman Corp.
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Court of Appeals | ||
Hammock vs. Sumner Co.
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Sumner | Court of Appeals | |
Estis, et. al. vs. Kelley, et. al.
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Maury | Court of Appeals | |
Turnbo vs. Turnbo
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Wayne | Court of Appeals | |
Stewart vs. HCA Health Services
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Davidson | Court of Appeals | |
Boatman's Bank vs. Steven Dunlap
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Shelby | Court of Appeals | |
Turnbo vs. Turnbo
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Court of Appeals | ||
Haulers vs. Burke
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Bradley | Court of Appeals | |
Canada vs. Ace
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Bradley | Court of Appeals | |
Muse vs. State (CC)
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Court of Appeals | ||
03A01-9707-DR-00266
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Roane | Court of Appeals | |
Gretchen Smith vs. Kenneth Smith
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Court of Appeals |
