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HEIRS OF ELLIS v. ESTATE OF ELLIS

71 S.W.3d 705 (2002)

HEIRS OF Neil G. ELLIS v. The ESTATE OF Virgie Mae ELLIS.

Supreme Court of Tennessee, at Nashville.

March 25, 2002.

Attorney(s) appearing for the Case

Laurie Y. Young, Murfreesboro, Tennessee, for the appellants, the Heirs of Neil G. Ellis, consisting of William Oliver Ellis, James T. Ellis, III, Linda Wright, Henry Louis Bunce, Marjorie B. Edwards, Catherine B. Hall, Erma Doyle Davis, Vera Sue Haire, Empie L. Bunce, Margaret A. Brown, James F. Bunce, Karen Proctor Hall, and William T. Proctor.

William W. Burton, Murfreesboro, Tennessee, for the appellee, the Estate of Virgie Mae Ellis.

OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and JANICE M. HOLDER, JJ., joined.

The issue in this case is whether property held in a tenancy by the entirety is subject to the 120-hour survival rule contained in section 31-3-120 of the Tennessee Uniform Simultaneous Death Act. Three days after her husband...

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