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MURPHY v. EMERY

629 S.W.2d 895 (1981)

Nancy E. MURPHY, Appellant, v. E.L. EMERY, Jr., et al., Appellees.

Supreme Court of Tennessee.

Order April 5, 1982.

Attorney(s) appearing for the Case

Ted H. Lowe, Jenkins & Jenkins, George E. Penn, II, Jenkins & Jenkins, Knoxville, for appellant.

Frank P. Pinchak, Humphreys, Hutcheson & Moseley, Chattanooga, for appellees.

OPINION

FONES, Justice.

Plaintiff, Nancy Murphy, sued her brother, defendant E.L. Emery, Jr., for breach of duty as a trustee of an inter vivos trust established by their parents. The beneficiaries of the trust are the three children of Mr. and Mrs. E.L. Emery, Sr., plaintiff, defendant, and Mrs. Walker. They were all sui juris when the trust was created in 1965 and at all times relevant to this litigation.

The learned chancellor held that defendant...

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