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KIMBROUGH v. UNION PLANTERS NAT. BANK

764 S.W.2d 203 (1989)

John C. KIMBROUGH and Mary Ann Vollmer, Executors of the Estate of Ruby Gee Kimbrough, Deceased, Plaintiffs-Appellants, v. UNION PLANTERS NATIONAL BANK, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

January 3, 1989.

Attorney(s) appearing for the Case

Wilbur C. Ruleman, Jr., Memphis, for plaintiffs-appellants.

James W. McDonnell, Jr., Thomas J. Walsh, Jr., Memphis, for defendant-appellee.

OPINION

HARBISON, Chief Justice.

Prior to the litigation in the present case, the beneficiary of a revocable inter vivos trust sued appellee, the former trustee, for negligence and improper administration of the trust estate. The suit was brought in 1977, two years after the trust had been revoked by the settlor, who was also the income beneficiary.

A jury verdict was returned in favor of the trustee in 1982, exonerating it of any negligence...

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