In Re Estate Of John Jefferson Waller, Jr.
M2017-00360-COA-R9-CV
| Tenn. Ct. App. | Nov 30, 2017Background
- Decedent John J. Waller, Jr. died Sept. 24, 2016; three competing wills were filed: a 2008 will (favors great-nephews, including Horsley), a 2015 will (favors neighbors), and a 2016 will (favors Annie Burns).
- Burns petitioned to probate the 2016 will and obtained a temporary restraining order; Horsley intervened asserting he is a great-nephew and heir and seeking probate of the 2008 will and to contest the 2015 and 2016 wills for undue influence and misappropriation.
- The probate court appointed a third-party administrator and later dismissed Horsley’s will contest for lack of standing, while allowing the neighbors to contest the 2016 will.
- Horsley obtained interlocutory review of the standing dismissal; the appellate court stayed the case pending Tennessee Supreme Court guidance in In re Estate of Brock.
- After Brock clarified standing when multiple unadmitted competing wills exist, this Court reversed the probate court and held Horsley has standing to contest the 2015 and 2016 wills because he would benefit under the 2008 will or by intestacy if the later wills were set aside.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Horsley have standing to contest the 2015 and 2016 wills? | Horsley: he is an heir under the 2008 will and would inherit by intestacy if the later wills are set aside; thus he benefits and has standing. | Burns/Neighbors: existence of a later will that on its face disinherits Horsley (and appears valid) eliminates Horsley’s interest and therefore standing. | Reversed: Horsley has standing because none of the later wills had been judicially established; a contestant who would take under an earlier will or by intestacy may challenge subsequent unadmitted wills. |
Key Cases Cited
- Cowan v. Walker, 96 S.W. 967 (Tenn. 1906) (older Tennessee precedent denying standing where an intervening will had been judicially established)
- Jennings v. Bridgeford, 403 S.W.2d 289 (Tenn. 1966) (affirming that a collateral attack is barred where a subsequent will has been judicially determined valid)
- In re Estate of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005) (standing to contest a will is a threshold issue to be decided before merits)
- In re Estate of West, 729 S.W.2d 676 (Tenn. Ct. App. 1987) (confirming that a contestant must show they would take if the probated will were set aside)