(DOWNLOAD) "James Faught v. Estate Emma Corina Faught" by Supreme Court of Tennessee * eBook PDF Kindle ePub Free
eBook details
- Title: James Faught v. Estate Emma Corina Faught
- Author : Supreme Court of Tennessee
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
BROCK, C.J. This case involves the execution of a written instrument in which appellant James Faught, a surviving spouse, agreed to accept certain personalty in lieu of his interest in his deceased wife's estate. The probate Judge found that the agreement to renounce on Mr. Faught complied with T.C.A., § 31-1-103(a) and (b) (1984) and was binding. The Court of Appeals concluded that the agreement was not in compliance with § 31-1-103(a) and (b), but that appellant Faught was bound by the agreement because he knowingly waived his rights to his portion of the estate. We cannot agree that Mr. Faught voluntarily waived a known right. 1 Accordingly, we reverse the decision of the Court of Appeals and remand the case to the probate court where appellant Faught shall be awarded his statutory share of the estate.