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IN RE ESTATE OF JENKINS

97 S.W.3d 126 (2002)

In re ESTATE OF Harold L. JENKINS.

Court of Appeals of Tennessee, at Nashville.

Permission to Appeal Denied October 7, 2002.

Attorney(s) appearing for the Case

Timothy L. Warnock, Nashville; Michael D. Sontag, Nashville, for Appellant, Dolores Henry Jenkins.

Charles W. McElroy, Nashville; Brenda Clark, Nashville, for Appellees, Joni L. Jenkins and Kathy A. Jenkins.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Janet M. Kleinfelter, for Appellees' Constitutional Challenge.

W. FRANK CRAWFORD, P.J., W.S., delivered the opinion of the court, in which ALAN E. HIGHERS, J. and BEN H. CANTRELL, J., joined.

Permission to Appeal Denied by Supreme Court October 7, 2002.

OPINION

This appeal involves the narrow issue of the applicability of the "changing fraction" method of calculation of estate income as provided for in T.C.A. § 35-6-202(b)(1), a part of the revised Tennessee Uniform Principal and Income Act (TUPIA). The revised Act was enacted after the estate was opened but before it was closed. On the surviving...

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