ROGERS v. RUSSELL


733 S.W.2d 79 (1986)

J. Michael ROGERS, as guardian for Tracee Rogers and Keely Rogers, Plaintiffs/Appellees, v. Ann RUSSELL, Kenneth Russell, and Sundee Russell, Defendants/Appellants, Steven Russell, Defendant.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Opinion Taxing Costs on Appeal February 6, 1987.


Attorney(s) appearing for the Case

George R. Fleming, Sr., Fleming, Fleming & Ross, Clarksville, for defendants/appellants.

William L. Harbison, Kenneth R. Jones, O'Hare, Sherrard & Roe, Nashville, for plaintiffs/appellees.


OPINION

KOCH, Judge.

This appeal involves the probate of the will Sadie M. Warden executed on August 18, 1977. Her great grandchildren filed this will for probate following Mrs. Warden's death in 1981. Mrs. Warden's daughter and the daughter's children of her second marriage contested this will in part on the grounds of lack of testamentary capacity, undue influence, and the alleged "irrevocability" of the joint will Mrs. Warden had executed with her husband...

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