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IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
October 3, 2012 Session

EDWIN LESTER SMITH V. WILMA NEYMAN SMITH
A ppeal from the C hancery C ourt for Bradley C ounty
N o. CV 09278 H on. Jerri Bryant, Chancellor

N o. E2011-02430-C OA-R3-CV-FILED-FEBRUARY 20, 2013
This appeal involves a claim filed to recover real property and personalty that was allegedly misappropriated from D ecedent prior to his death. D ecedent died at the age of 89, leaving W ife and Son as his survivors. Prior to his death, D ecedent transferred the majority of his monetary assets and real estate to W ife. Following his death, Son brought this action, alleging that D ecedent did not have the mental capacity to execute the transfers and that the transfers were a result of undue influence exercised by W ife, who exploited her confidential relationship with D ecedent and also committed fraud to complete the unlawful conversion of the entirety of the estate. The trial court dismissed Son

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