![]() "of unsound mind at the time said paper was executed and incompetent to make a valid will, and, moreover, was unduly influenced to make the same by the said Foster Bridges, Willie Bridges, Mary Ann Bridges and Mrs. *89 The petition alleges that the instrument so admitted to probate in common form is not the will of John S. Therefore, she is a cousin in the second degree of the testator. Eppinger's grandmother and is the nearest relative on John S. Mary Josephine Matilda Iffland Smith Curry, who in her contest petition is said to be On or about the 28th day of August, 1957, following the probate of said will, a contest was instituted by Mrs. Therefore, the said county court named said bank and said individuals as trustees as well as executors, requiring a bond of $50,000 which was executed, and said executors and trustees properly qualified as provided by law. Said will also designated the said bank and said individuals as trustees of said will, and directed the executors to perform the same duties in the administration of said estate in the same way and manner as said trustees were directed to do when the administration of said estate was closed and the trust executed by said trustees. Hudson, both testified relative to the execution of said will as shown by said decree, and the Judge of said county court, following the direction of the will, appointed said First National Bank of Jackson, Tennessee, W.N. When the will was presented for probate and admitted to probate in common form by said county court, the subscribing witnesses, Mary Ryan and Corinne C. After the death of the testator and on or about the 23rd day of July, 1957, the executors presented said will to the County Court of Madison County, Tennessee, the Honorable August Wilde, Judge, for probate and it was there probated in common form, the Decree of Probation being set out on page 2 of Volume 1 of the transcript and record in this case, which consists of five volumes, together with many exhibits. Rowland were designated as joint executors. The First National Bank of Jackson, Tennessee, W.N. The will was prepared by lawyers of the law firm designated "Pigford & Key", the three members thereof being W.N. He was a bachelor and left an estate valued at approximately $200,000, consisting of both real and personal property, all of which was left in trust to certain trustees awaiting contingencies set forth in the will for the termination of the trust and the vesting of the residuary estate, the corpus of which will upon the termination of the trust vest in and be turned over to the Trustees of Union University, Inc., an educational institution located in Jackson, Tennessee, for its use and benefit under the direction of its said trustees. The will was executed on May 29, 1957, and the testator committed suicide on or about July 16, 1957, the manner of which will be hereinafter referred to. ![]() Eppinger, deceased, whose age at the time of his death was approximately 58 years. This case comes to this Court from a judgment of the Circuit Court of Madison County, Tennessee, on an issue of devisavit vel non respecting the will of John S. Key, Jackson, for defendants in error.Ĭertiorari denied by Supreme Court June 5, 1959. Morrison, Jackson, for plaintiffs in error. Mary Josephine Matilda Iffland Smith CURRY et al., Plaintiffs-in-Error,įoster BRIDGES et al., Defendants-in-Error.Ĭourt of Appeals of Tennessee, Western Section. But don't forget to use the MAKE25 discount code at checkout, to save even more.Mrs.
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