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HOGAN v. COOPER

619 S.W.2d 516 (1981)

Jack D. HOGAN, Administrator of the Estate of Evelyn Hogan Sisk, Deceased, Appellant, v. John Junior COOPER, Executor of the Estate of Mark Sisk, Deceased, Appellee.

Supreme Court of Tennessee, at Knoxville.

August 3, 1981.

Attorney(s) appearing for the Case

Fred L. Myers, James C. McSween, Jr., Newport, for appellant.

Ben W. Hooper, II, Newport, for appellee.

OPINION

FONES, Justice.

In this suit to set aside a transfer of assets, we granted a T.R.A.P. 11 appeal to examine the question of whether the Court of Appeals was correct in finding that the presumption of invalidity arising out of a confidential or fiduciary relationship between assignor, decedent's widow, and assignee, decedent's executor, was not rebutted by clear and convincing evidence of fairness surrounding...

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