Malbrie Jane Francis, Executrix and in her individual capacity v. Jeffery C. Barnes, et al.

Case Number
W2012-02316-COA-R3-CV

This appeal arises from an action filed by Plaintiff to set aside a quitclaim deed executed by Decedent conveying Decedent’s home to her grandsons. Following a bench trial, the Chancery Court of Fayette County concluded that Decedent was incompetent to execute the deed and that the grandsons exercised undue influence over Decedent to obtain the deed. In a subsequent order, the trial court concluded that the grandsons intentionally defrauded Decedent to obtain Decedent’s signature on the deed and ordered them to pay Plaintiff’s attorney’s fees. On appeal, the grandsons argue that the trial court erred in concluding that Decedent was incompetent to execute the deed and in concluding that the grandsons exercised undue influence over her to obtain the deed. Additionally, the grandsons contend that the trial court erred in concluding that they intentionally defrauded Decedent in order to obtain Decedent’s signature on the deed and in ordering them to pay Plaintiff’s attorney’s fees. Additionally, Plaintiff contends that the grandson’s appeal constitutes a frivolous appeal under Tenn. Code Ann. section 27-1-122. After thoroughly reviewing the record, we affirm the judgment of the trial court.

Authoring Judge
Judge David R. Farmer
Originating Judge
Judge Martha B. Brasfield
Case Name
Malbrie Jane Francis, Executrix and in her individual capacity v. Jeffery C. Barnes, et al.
Date Filed
Dissent or Concur
No
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