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SMITH v. SMITH

102 S.W.3d 648 (2002)

Charles SMITH, Executor of the Estate of Ethel Rogers Smith, Deceased v. Jerry SMITH.

Court of Appeals of Tennessee, at Knoxville.

October 30, 2002.

Permission to Appeal Denied February 18, 2003.

Attorney(s) appearing for the Case

Christopher P. Capps, Morristown, Tennessee, for the Appellant, Charles Smith, Executor of the Estate of Ethel Rogers Smith.

Douglas R. Beier, Morristown, Tennessee, for the Appellee, Jerry Smith.

Permission to Appeal Denied by Supreme Court February 18, 2003.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HOUSTON M. GODDARD, P.J., and HERSCHEL P. FRANKS, J., joined.

Ethel Rogers Smith ("Ethel")1 executed a will in 1991 that provided that her property would go to her husband, if he survived her, and if not, would be split equally between...

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