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IN THE SUPREME COURT OF TENNESSEE
AT JACKSON
November 14, 2001 Session

BILLY JOE CHILDRESS v. NATASHA BARNES CURRIE, ET AL.
Appeal by Permission from the Court of Appeals
Circuit Court for Lauderdale County
No. 5029 Joseph H. Walker, Judge

No. W1999-00471-SC-R11-CV -Filed May 3, 2002
The issue presented in this case is whether a confidential relationship arises as a matter of law when an unrestricted power of attorney is executed but not exercised.  The trial court held that a confidential relationship existed and that the resulting presumption of undue influence could only be rebutted by proof of independent advice to the decedent.  Because there was no such proof, the trial court set aside the jury

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Tennessee Law