In Re:Estate of Jessie Haney, Deceased, Mable Young, Leona Young, Beulah Young, Glenda Young, and Jewel Mitchell, v. Arlene Bush, ndividually and Executor Under the Will of Jessie Haney - Concurring

The majority has reached the correct result in this case. I have prepared this separate opinion for two reasons. First, we should state clearly that the contestants’ trial counsel should not be faulted for requesting the trial court to use a Tennessee Pattern Jury Instruction that the Tennessee Supreme Court had disapproved only one month before trial. Second, we should conclude without equivocation that the record contains material evidence upon which the jury could have determined that the beneficiary had clearly and convincingly rebutted the presumption of undue influence arising from her confidential relationship with Mrs. Haney.