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Lillian A. Carpenter, et al. v. Michael E. Sims, et al.
State: Tennessee
Court: Court of Appeals
Docket No: E2007-0622-COA-R3-CV
Case Date: 11/07/2007
Plaintiff: Lillian A. Carpenter, et al.
Defendant: Michael E. Sims, et al.
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs September 25, 2007

LILLIAN A. CARPENTER, ET AL. v. MICHAEL E. SIMS, ET AL.
Appeal from the Circuit Court for Cumberland County
No. CV-3686  John Turnbull, Judge

No. E2007-0622-COA-R3-CV  - FILED NOVEMBER 7, 2007
Beneficiaries under a will sought to rescind the sale of a condominium in which they asserted an inheritance interest upon allegations that 1) the consideration paid by the purchasers was so inadequate as to shock the conscience; 2) the purchasers exerted undue influence over the seller; and 3) the seller was mentally incompetent at the time of the sale.  Upon findings that the seller was mentally competent at the time of sale, that the purchasers did not exert undue influence over her, and that she had reason to sell the condominium for the amount she did, the trial court ruled that the sale of the condominium should not be set aside.  Upon our determination that the evidence does not preponderate against the trial court
Download carpenterlilOPN.pdf

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