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WINNINGHAM v. WINNINGHAM

966 S.W.2d 48 (1998)

William A. WINNINGHAM, Executor of the Estate of Alston Winningham, Plaintiff-Appellant, v. Tammy K. WINNINGHAM, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

March 30, 1998.

Attorney(s) appearing for the Case

Harry D. Sabine, Sabine & Douglas, P.C., Crossville, for Plaintiff-Appellant.

John R. Officer, Livingston, for Defendant-Appellee.

OPINION

LYLE REID, Special Justice.

This is a suit to enforce the provision in a will which forbade contest upon penalty of forfeiture. The trial court declared a forfeiture; the Court of Appeals remanded the case for further proof. This Court finds that the trial court erred and holds that the circumstances found by the trial court do not justify a forfeiture under Tennessee law. The suit is accordingly...

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