BURDICK v. GILPIN


325 S.W.2d 547 (1959)

Raymond BURDICK v. Kenneth N. GILPIN, Jr., et al.

Supreme Court of Tennessee.

June 5, 1959.


Attorney(s) appearing for the Case

Fowler, Rowntree & Fowler and W.W. Kennerly, Knoxville, for petitioners (complainants).

Tapp, Carson, Tate & Felts, Robert S. Young, Jr., and Guy Shanks, Knoxville, and Weisman, Celler, Allan, Spett & Sheinberg and Ralph Schwartz, New York City, for defendants.


The opinion of Judge Howard in the Court of Appeals follows:

This appeal involves the construction of the will of Colonel Charles M. McGhee, who died on May 7, 1907, while residing in the State of New York. Before moving to New York he resided in Knoxville, Tennessee, where he owned valuable business property located on Gay Street, the rents therefrom in recent years producing an estimated income of more than $100,000 annually.

Colonel McGhee was survived...

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