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BUMBAUGH v. BURNS

635 S.W.2d 518 (1982)

Nila BUMBAUGH, Plaintiff-Appellee, v. George BURNS, Defendant-Appellant, and Richard Bethea, Administrator of the Estate of Lovna B. Burns, Deceased, Defendant.

Court of Appeals of Tennessee, Western Section, at Jackson.

Rehearing Denied April 22, 1982.

Application for Permission to Appeal Denied June 21, 1982.

Attorney(s) appearing for the Case

Louis E. Eubanks, Memphis, for defendant-appellant.

Marcus Nahon, Memphis, for plaintiff-appellee.

Application for Permission to Appeal Denied by Supreme Court June 21, 1982.

NEARN, Judge.

We commence by stating what this case is not. The suit was filed by Nila Bumbaugh as an "Original Bill for Construction of Will." However, its name is not indicative of its purpose. It is not a bill to construe a will. Neither is a bill to construe a trust. Actually, the complaint seeks a declaratory judgment.

Lovna B. Burns died testate on July 10, 1979. The...

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