In this action involving construction of a last will and testament, the trial court granted a beneficiary’s motion to compel distribution of two parcels of real property upon finding that the decedent had devised the parcels to the movant in his will. The trial court entered an agreed order staying execution of the judgment pending appeal. The executor of the decedent’s estate has appealed. Discerning no reversible error, we affirm the trial court’s judgment. However, we modify the judgment to (1) stay transfer of title to the subject real properties until pending motions and the issue of the estate’s solvency have been resolved and (2) extend the conditions provided in the agreed order staying execution until such resolution has been accomplished. We deny the executor’s request for an award of attorney’s fees and expenses incurred on appeal.
Case Number
E2024-01751-COA-R3-CV
Originating Judge
Chancellor Jeffrey M. Atherton
Date Filed
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