Junot v. Estate of Gilliam
Tennessee Supreme Court
759 S.W.2d 654 (1988)
- Written by Sean Carroll, JD
Facts
Thaddeus and Emma Gilliam were married. The couple did not have any children together, but both had children from prior marriages. In 1974, the couple executed separate wills that were mutual and reciprocal. They both left their estates to the other or, in the event that the other did not survive, to the couple’s combined five children from their prior marriages. In January 1985, Thaddeus died. One week later, Emma wrote a new will, leaving her entire estate to only the children from her first marriage. Upon Emma’s death, Emma’s children (defendants) admitted her 1985 will to probate. Thaddeus’s children (plaintiffs) filed suit, arguing that Emma’s 1974 will became irrevocable upon Thaddeus’s death. At trial, witness testimony indicated that the couple had stated that they had “traded wills.” This was the only evidence that Mr. and Mrs. Gilliam had an agreement regarding their wills. The trial court ruled in favor of Emma’s children, and the appellate court affirmed. Thaddeus’s children appealed.
Rule of Law
Issue
Holding and Reasoning (Harbison, C.J.)
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