Banc of America Investment Services, Inc. v. Christina Tucker Davis, as Executrix of the Estate of Stephen G. Tucker, deceased, and Dorothy Tucker Waters, and Teresa Cureton

Case Number
E2008-00559-COA-R3-CV

In this interpleader action, plaintiff held an IRA account established by decedent. When decedent died dispute arose between his companion and his blood relatives, because he had designated his companion as the sole beneficiary of his IRA account, but in his Will he gave the IRA account to his relatives. The contending parties raised this dispute in their pleadings and after an evidentiary hearing, the Trial Court ruled that the designee on the IRA account was entitled to the proceeds because the relatives did not carry the burden of proof to establish undue influence was exercised on the decedent when he established the IRA account. We affirm the Judgment of the Trial Court and remand with the cost of the cause taxed to appellants.

Authoring Judge
Judge Herschel Pickens Franks
Originating Judge
Chancellor W. Frank Brown
Case Name
Banc of America Investment Services, Inc. v. Christina Tucker Davis, as Executrix of the Estate of Stephen G. Tucker, deceased, and Dorothy Tucker Waters, and Teresa Cureton
Date Filed
Dissent or Concur
No
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