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McCARLEY v. McCARLEY

360 S.W.2d 27 (1962)

Herbert R. McCARLEY, Executor, and W. Curtis Pope, Administrator, C.T.A., Appellees, v. Thomas H. McCARLEY, Sr., Thomas H. McCarley, Jr., Karen Sue McCarley, Thomas H. McCarley, III, George Reese McCarley, Jean Ellen McCarley, Elizabeth McCarley, Margaret Frances McCarley, Herbert R. McCarley and Unborn Children of Herbert R. McCarley and Thomas H. McCarley, Jr., Appellants.

Supreme Court of Tennessee.

September 7, 1962.

Attorney(s) appearing for the Case

Matthews, Thompson, Matthews & Jones, Memphis, for T.H. McCarley, Jr.

Wade H. Sides, Jr., Memphis, guardian ad litem for unborn children of T.H. McCarley, Jr., and H.R. McCarley.

W. Curtis Pope, Clyde Mason, Memphis, for appellees.

TOMLINSON, Special Justice.

This appeal is from the construction placed by the Chancellor upon the will of Mrs. Reese A. McCarley. The conflicting contentions are that the will is (1) entirely invalid, (2) entirely valid and (3) invalid in part and valid in part. This last contention is the conclusion reached by the Chancellor.

It is necessary at the beginning to determine the intentions of the testatrix. Those intentions...

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