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DAUGHERTY v. DAUGHERTY

784 S.W.2d 650 (1990)

Helen DAUGHERTY, Plaintiff/Appellant, v. R.L. DAUGHERTY, Executor, et al., Defendants/Appellees. R.L. DAUGHERTY, Plaintiff/Appellee, v. Sharon Grizzle WALLACE, et al., Defendants/Appellees.

Supreme Court of Tennessee, at Knoxville.

February 5, 1990.

Attorney(s) appearing for the Case

George H. Buxton, III, Robert W. Wilkinson, Oak Ridge, for Helen Daugherty.

Robert S. Marquis, Knoxville, for Heirs Chester Daugherty.

Elbert M. Cooper, Jr., Clinton, for unknown, unborn Heirs.

J. Polk Cooley, Pat Fritts, Rockwood, for R.L. Daugherty Individually.

Joe E. Magill, Clinton, for R.L. Daugherty, et al.

Donald B. Roe, Oak Ridge, for estate.

OPINION

O'BRIEN, Justice.

This case originated in the Chancery Court for Anderson County as a declaratory judgment action filed by the plaintiff Helen Daugherty to determine her rights under the last will and testamentary trust of John Ramsey Daugherty. The defendant, R.L. Daugherty, executor and trustee under the will responded. Plaintiff and defendant each filed motions for summary judgment on the sole issue of whether Helen Daugherty was an heir under...

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