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LEAVER v. McBRIDE

506 S.W.2d 141 (1974)

Walter C. LEAVER, Jr., Executor, Petitioner-Appellee, v. Margie Kerr McBRIDE et al., Defendants-Appellees, The Elders of the West End Church of Christ, Defendants-Appellants.

Supreme Court of Tennessee.

February 19, 1974.

Attorney(s) appearing for the Case

Barksdale, Whalley, Leaver, Gilbert & Frank, Nashville, for petitioner-appellee.

W. Harold Bigham and Joe A. Robbins Nashville, for defendants-appellees, Margie McBride, Janet Leigh McBride and Diane McBride.

H. Stanley Allen, Jr., Nashville, for defendants-appellants, The Elders of the West End Church of Christ.

OPINION

W.M. LEECH, Special Justice.

This cause was appealed from a decree of the Chancery Court for Davidson County to the Court of Appeals. There were no disputed facts and the only question involved was the construction of the will of Lydia Freeman Kerr. It results, therefore, that the appeal should have been directly to this Court pursuant to T.C.A. § 16-408. Thus, we granted certiorari and will consider the assignments of error made by the appellant...

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