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HAMILTON BANK v. MILLIGAN COLLEGE

821 S.W.2d 591 (1991)

HAMILTON BANK OF UPPER EAST TENNESSEE, Executor of the Estate of Lucille Miller Blackburn, Plaintiff-Appellee, v. MILLIGAN COLLEGE, Washington College Academy and Berea College, Defendants-Appellees, Arthritis Foundation, et al., Defendants-Appellants.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied December 30, 1991.

Attorney(s) appearing for the Case

Jimmie C. Miller and John A.A. Bellamy, Hunter, Smith & Davis, Kingsport, for appellants.

Harris A. Gilbert and Daniel B. Brown, Wyatt, Tarrant, Combs, Gilbert & Milom, Nashville, for appellees.

Permission to Appeal Denied by Supreme Court December 30, 1991.

OPINION

FRANKS, Judge.

The issue presented in this declaratory judgment action to construe a will is who must contribute to the dissenting spouse's share in the estate.

The chancellor granted summary judgment, essentially holding that the testatrix had divided her residuary estate into two parts. We reverse.

Lucille M. Blackburn died testate on October 11, 1988. Item...

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