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DUNCAN v. DeMOSS

880 S.W.2d 388 (1994)

Jimmy A. DUNCAN, Executor, Proponent/Plaintiff/Appellee, Helen Simmons and Aline Milliken, Proponents/Counter-Defendants/Appellees, v. Dianne DeMOSS, Contestant/Defendant/Counter-Plaintiff/Appellant.

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

Application for Permission to Appeal Denied June 27, 1994.

Attorney(s) appearing for the Case

Patricia A. Montgomery, Mark H. Westlake, Westlake & Marsden, P.C., Nashville, for appellant.

Dan R. Alexander, Nashville, for appellees.

Application for Permission to Appeal Denied by Supreme Court June 27, 1994.

OPINION

TODD, Presiding Judge.

In this will contest case, the unsuccessful contestant has appealed from the award of discretionary costs of $3,500.00.

After judgment upholding the will, the successful executor/proponent requested discretionary costs pursuant to T.R.C.P. Rule 54.04, consisting of expenses, $1,864.66, and $5,090.00 fees for himself as executor...

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