Estate of Bonnie C. Brimer v. Bernice Hennessee, E2016-02136-COA-R3-CV

Decedent Bonnie C. Brimer (d. Jan 30, 2013) opened two Regions Bank accounts titled jointly with friend Bernice Hennessee as joint tenants with right of survivorship; funds passed to Hennessee after Brimer’s death.
Judy Hutson (Brimer’s sister and executrix) filed for declaratory/injunctive relief alleging Brimer suffered dementia/medication effects and that Hennessee unduly influenced Brimer to add her name; Hutson also alleged the funds originated with Brimer.
Hennessee moved for summary judgment, arguing no undue influence, supporting facts, and that Tenn. Code Ann. §45-2-703(e)(1) makes the joint-tenancy designation conclusive evidence title vests in the survivor.
The chancery court granted summary judgment for Hennessee, finding Hutson produced no evidence of undue influence and that the joint-tenancy designation conclusively vested title in Hennessee.
On appeal, the Court of Appeals reviewed summary judgment de novo, viewed evidence in Hutson’s favor, and found genuine factual disputes about a confidential relationship and whether Hennessee benefitted, so summary judgment was improper; the court reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was improper on Hutson’s undue-influence claim	Hutson: evidence (interrogatory answers, depositions) shows a confidential relationship, promises by Hennessee to return funds, and that Brimer was vulnerable — raising a factual dispute on undue influence	Hennessee: no undue influence or overreaching; joint-account documents and testimony show she did not suggest right-of-survivorship; §45-2-703(e)(1) makes survivorship conclusive	Reversed: genuine issue of material fact exists as to confidential relationship and benefit to Hennessee; Hennessee failed to negate essential elements, so summary judgment inappropriate
Whether Hutson may raise claim about post-death mortgage payments / conversion	Hutson: mortgage payments deposited after death into the joint account may be estate property and were converted by defendants	Hennessee: issue not pled below or litigated at summary judgment; cannot be raised for first time on appeal	Not decided on merits: appellate court held issue was not properly before it but remand permits Hutson to pursue the claim in the trial court

Childress v. Currie, 74 S.W.3d 324 (Tenn. 2002) (presumption of undue influence arises where confidential relationship plus a transaction benefits the dominant party)
Matlock v. Simpson, 902 S.W.2d 384 (Tenn. 1995) (same undue-influence principle)
Rye v. Women's Care Ctr. of Memphis, 477 S.W.3d 235 (Tenn. 2015) (summary-judgment burden-shifting rules; nonmovant must show genuine factual dispute)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (definition of "genuine issue" for summary judgment)
Stovall v. Clarke, 113 S.W.3d 715 (Tenn. Ct. App. 2003) (viewing evidence and inferences in favor of nonmovant on summary judgment)
Godfrey v. Ruiz, 90 S.W.3d 692 (Tenn. 2002) (summary-judgment review principles)
Williamson v. Upchurch, 768 S.W.2d 265 (Tenn. Ct. App. 1988) (undue influence analysis: focus on whether act was free and independent)
Mitchell v. Smith, 779 S.W.2d 384 (Tenn. Ct. App. 1989) (definition of confidential relationship)