In Re Estate Of Donald Cowan

The estate of the decedent appeals the trial court’s decision to grant the widow’s Tenn. R. Civ. P. 12.02(6) motion to dismiss the estate’s complaint for failure to state a claim upon which relief can be granted. The complaint, filed in 2019, sought rescission of a quitclaim deed executed by the decedentin 1990 that created a tenancy by the entirety with his wife. The complaint alleged that the decedent executed the deed shortly after the marriage in consideration of and reliance on “a contract” between the spouses. The complaint alleged that the contract obligated the husband “to create a tenancy by the entirety” and, in return, the wife was “obligated to cohabit with him and to provide the love, affection and companionship that was essential for a ‘long and enduring marriage.’” Although the couple remained married until the decedent’s death in 2018—28 years after they married—the complaint alleged that the 1990 deed should be rescinded for the failure of consideration and the failure of a condition subsequent. The complaint additionally asserted that the wife was unjustly enriched by the conveyance and asked that a constructive trust be imposed on the property. The trial court dismissed the complaint, finding that it did not allege facts that would give rise to any obligation upon the wife because the deed unambiguously evinced the husband’s intent to convey the property as a gift. The court also found, inter alia, the complaint was barred by the statute of limitations applicable to each claim, the doctrine of gross laches, and the statute of frauds. We affirm.