[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6126276,"mediaKeyId","2669768-dd3c4b236d9451a91acab91ab173941a","parentId",2669768,"title","Judge pauses disputed $535,000 distribution in Elliott estate after lawyers clash over joint account and service","audioSeconds",3783,"startMs",3418685,"endMs",7202540,"viewUrl","/Search/View?dp=1&key=2669768-dd3c4b236d9451a91acab91ab173941a&start=3418&end=7202","thumbnailUrl","https://assets.pipeline.soar.com/2669768-dd3c4b236d9451a91acab91ab173941a/thumbnail_3418685.jpg","articleUrl","/articles/6126276/Tennessee/Judge-pauses-disputed-535000-distribution-in-Elliott-estate-after-lawyers-clash-over-joint-account-and-service","mediaUrl","https://secure.pipeline.soar.com/6126276-103bc487a10b54aa0967bad84d0fc1d9/orig.mp4?Expires=1771204162&Signature=Sm0iUZmraGuxMf4N1ig-kwzr6StWSabxjJhFQJyebHEXL-AVIBahNKyfUSaRYbKNig1lq-PgNSulr7CpT08QIDSkbmX2uh0-k23kJuXgCQG923-KeZfSuXiTCutflgRrlQS0UqRgFna1IO68VOgbE~lbRsVbxG6bc6200Uk1HJ0-~qM7vAGPcFA3HiQfH2mumBugB03KG774oyEYajZqVKXTNQEFoSW4z1raExeD-30aTqodXxCCZc1yrmSCNZKSE4yDq7Illpwa49a3SQYG491hIyRGn7Xs424dicfpRESbFDZewTktsCfNaM-ZysTe6kb2DXPSBAtvyZfXXFsM2Q__&Key-Pair-Id=KUT5TJCACFTXG","author","Judge David D. Wolfe","date","2025-03-18T13:50:13.63Z","article","A Sumner County judge took under advisement competing motions Friday in the probate of the estate of Anne Murphy Elliott after attorneys disputed whether roughly $535,000 on deposit belongs to the estate or passed outside it by operation of a joint-account signature card.

The dispute erupted when Dwayne Duvall, counsel for the executrix and personal representative, said the money was \"still on deposit in the bosom of the court\" and that his client lacked control of the funds. Counsel for beneficiaries pressed for an accounting and asked the court not to dismiss a petition challenging the personal representative's actions.

Why it matters: beneficiaries say a large discrepancy exists between the conservatorship accounting and the estate inventory and want bank records and a transparent accounting before the court distributes funds. The estate team says some accounts were joint accounts with rights of survivorship and therefore did not pass through the probate estate.

What was argued: Duvall told the court the $535,000 plus interest remains on deposit and that a prior petition to remove the executrix had not been properly served. \"A petition is a leading or original process in pleading, your honor, please, and it is controlled by rule 4, not rule 5,\" he said, arguing the removal claim should be dismissed for failure of service.

Counsel for the objecting beneficiaries responded that they had tried repeatedly to obtain an accounting and bank records and that procedural arguments were being used to delay disclosure. The beneficiaries' attorney said the apparent $600,000–$700,000 discrepancy between the conservatorship accounting and the inventory demanded explanation. \"We just want the accounting to understand the assets of the estate so we can close this matter,\" counsel said.

The estate's lawyers produced bank signature cards and a corporate opinion letter from U.S. Bank, arguing Tennessee law governs jointly held accounts and that the signature card, not probate law, controls ownership. They also moved to quash a subpoena to U.S. Bank and objected to production of unredacted records on privacy and service grounds.

Judge's immediate action: the court allowed both sides to present proof but declined to rule from the bench. The judge said he would review the two-volume file and relevant filings and take the matter under advisement, leaving open whether he will require additional evidentiary submissions or issue a written ruling. The judge also invited any party to present evidence on service of process and indicated he would issue an order after review.

What remains: pending motions include (1) the beneficiaries' petition to remove the executrix (procedural and service objections pending), (2) a motion to compel accounting and bank records that the beneficiaries say were never produced, and (3) the estate's motion to distribute funds it contends are properly payable under the will or by survivorship. The court did not enter any distribution order at the hearing.

Next steps: the judge said he would take the matters under advisement and schedule further proceedings as needed. Parties may present testimony, corporate bank records, and return-of-service evidence on subsequent dates.","mediaType","Video","parentTitle","3-17-25 Cheatham Chancery","oneSentenceSummary","A Sumner County judge paused action on a contested distribution of roughly $535,000 in the estate of Anne Murphy Elliott after attorneys argued whether the funds are estate property or passed outside probate through a joint account.","taxTitle","Judge David D. Wolfe State of Tennessee, Judicial, Tennessee","taxId",66321,"location","Tennessee","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6126257,"Judge approves temporary family-law arrangement in Braden case including custody, support and counseling terms",762,8918690,9681000,"/Search/View?dp=1&key=2669768-dd3c4b236d9451a91acab91ab173941a&start=8918&end=9681","https://assets.pipeline.soar.com/2669768-dd3c4b236d9451a91acab91ab173941a/thumbnail_8918690.jpg","/articles/6126257/Tennessee/Judge-approves-temporary-family-law-arrangement-in-Braden-case-including-custody-support-and-counseling-terms","https://secure.pipeline.soar.com/6126257-6976b3f74e1c94ee554a2e9626642373/orig.mp4?Expires=1771204162&Signature=WvC1Yz-HCtPmNgUISRS8f81DqP4XiJsB-BHIjjaJu9M-JLgx6nZl6q6Mn1BU5D2k7WAQxJ3IPmrYipcIcXhADHGExMIk3560OrHeAIGOyizvPmdJBAko1TTOR33fOjbvwhk2difxvGN7d0PQXrlW4cIdsEwApm1YJGFP-rmaIoL5gTVIVdQaS4I5-a8XAr8QmnZCWwo8HO9vpHd~XBq7a7EbmkjnP0M-TVed4VqRepZHiuQfCsxhEAuGgpjNwAuc4pjwT8CcqdK5uu9BjTMs0hgYgzUHD4kWTzz62R1ana93NJyj-etiml~6VvikvPwOC~svCLqLeCXa-OU10MR7Iw__&Key-Pair-Id=KUT5TJCACFTXG","A Sumner County court approved a set of temporary orders Friday in Braden v. Braden resolving multiple long-pending motions concerning custody, support, and property use.

Key provisions the court approved: Mrs. Braden will have exclusive possession of the marital residence; the husband may retrieve personal items during a limited period; the father will pay a $2,500 retroactive child-support amount at $100 per month and prospective child support of $681 starting May 1, 2025; and a temporary spousal-support payment of $444 per month will begin in April to reimburse certain bills the wife had been paying on the husband's behalf.

Custody and parenting time: the court awarded temporary primary residential custody to the mother for both children. Visitation for the 15-year-old daughter is reserved pending counseling; the father will begin alternating weekends with the 9-year-old son starting this weekend. Exchanges are to occur at the U.S. Bank parking lot in Pleasant View.

Counseling and conduct provisions: the judge emphasized that the daughter and father should pursue joint counseling if possible; the court will reach out to the daughter's current counselor about pair sessions or to recommend a provider such as the Eden Center. The court also entered a mutual restraining-order provision requiring both parties to refrain from derogatory remarks about each other in front of the children.

Why it matters: the orders resolve eight pending motions and establish a temporary parenting and financial framework while the case continues. The court stressed these are temporary measures subject to modification and instructed counsel to prepare a written order for signature.

Next steps: counsel will file the written orders. The court advised that the temporary arrangements take immediate effect because the parties affirmed them under oath on the record.","Parties in Braden v. Braden reached an agreement the court approved as temporary orders covering exclusive possession of the residence, retroactive and prospective child support, temporary spousal support, parenting time, and counseling arrangements for a 15-year-old daughter.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6126261,"Court appoints permanent conservators, authorizes payment of care balances and sale steps in separate matters",196,636140,832825,"/Search/View?dp=1&key=2669768-dd3c4b236d9451a91acab91ab173941a&start=636&end=832","https://assets.pipeline.soar.com/2669768-dd3c4b236d9451a91acab91ab173941a/thumbnail_636140.jpg","/articles/6126261/Tennessee/Court-appoints-permanent-conservators-authorizes-payment-of-care-balances-and-sale-steps-in-separate-matters","https://secure.pipeline.soar.com/6126261-801090a1451ccb2277959439801054f7/orig.mp4?Expires=1771204162&Signature=fqSenVhSmRg-ascGVxMkqESz6J6iwRyZuJOsRBImzkBJNKwdI09X688CF1t~F9Aju5SR6Hon7-laARYqs8tdYtCBs4etISiaFlEWkGOadqE9my0Gksgqd9B8RScZ4ERYqHhQzWvCnvVHnh48nY~i6CobSMZkZTnY9EeZdkQHEtN5VdoVtZNC8UqCQcmZH2rFVXFtfUn5bSXjfPNUEtgGqWJ4jcWlSFrIIjtvfc0HNQIk8ITawrPWVad3coGQ2MUPX8lIYUMm-S4q0zSX5PBGMvnRKjY3562mKgzMppiTDfRq20bgUffV4kTGeS04q-Zc7tQfwd~aYCWPlul5i-ZumQ__&Key-Pair-Id=KUT5TJCACFTXG","A Sumner County judge granted petitions to appoint permanent conservators in separate matters, authorized limited payments for care, and approved a proposed sale of a decedent's residence.

In one case an emergency conservator who had been making medical decisions told the court that a bank, Woodforest National Bank, would not permit access to a known account at its Russellville, Ky., branch without letters appointing a permanent conservator. Counsel asked for authority to access the account and to pay an outstanding facility balance at the Waters of Cheatham. The attorney said the conservatee was in hospice care and expected to pass imminently.

In another case the court appointed Teresa Morgan as permanent conservator after an interim conservator expressed unwillingness to continue. The court accepted Ms. Morgan's willingness to serve and asked counsel to prepare an order. Where appropriate, the court authorized payment of fees due to the care facility and granted 60 days for filing an inventory, recognizing it may take time to assemble bank documentation.

A separate petition asked for permission to sell a residence at 3516 Highway 12 North; counsel said all heirs had signed and the court approved the request to sell subject to submission of the auctioneer's contract to the court.

What the court ordered: the judge approved appointments of permanent conservators where offered, authorized payment of certain facility balances from estate or account funds once properly documented, and granted limited time for the filing of inventories. The court instructed counsel to prepare the appropriate orders and to return with documentation from the financial institution where necessary.

Next steps: counsel will prepare and submit orders authorizing conservators' appointments, itemizing approved payments to care providers, and attaching the auctioneer contract for the authorized sale.","In two conservatorship matters the court approved appointment of permanent conservators and authorized certain payments and administrative steps; one petitioner said a bank withheld access to a known account pending letters of appointment.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6126266,"Court appoints three relatives as conservators for William T. Pitt; order to allow any one to act individually",338,167474,506135,"/Search/View?dp=1&key=2669768-dd3c4b236d9451a91acab91ab173941a&start=167&end=506","https://assets.pipeline.soar.com/2669768-dd3c4b236d9451a91acab91ab173941a/thumbnail_167474.jpg","/articles/6126266/Tennessee/Court-appoints-three-relatives-as-conservators-for-William-T-Pitt-order-to-allow-any-one-to-act-individually","https://secure.pipeline.soar.com/6126266-4ea81cf1bc98a0e90fe14905d65085c0/orig.mp4?Expires=1771204162&Signature=OjoGBR6FXga94n7myeUKgEo~PZiBmrXhXqVJkQwj~7wTe65zQ4ylRnw1MHFogM6bMrXJTJu6IZhd1Cn484by-fiuJeffPmYLLUVjk-UNHg69Y1nnLqgwvI6k2vC3dssxbU-GpqGldxWxEqgjxTwPAHdm9w53EEINGkkr-of9jphDNHTYwGR6gfvr7iEt-62W26iBfWzFHngw4vAby3ezoxvZ4TGZrQTWbZ-xnjEHKgoX2ZOU4kS1IWaRD7eAJvirtbSwlTrNLkxU5Ap-EEJj8tABNn0-zsxxdSXZvcrvtBpzUbuFlouYdJXv2vei4Mzacl5FTVez98gbCllRks06lg__&Key-Pair-Id=KUT5TJCACFTXG","The court approved a petition Friday to appoint three relatives as permanent conservators for William T. Pitt, who lives in an assisted facility and has limited means. The trustee named in the decedent's will, James Vowell, has died; family members had been informally handling Mr. Pitt's affairs.

Judge David D. Wolfe said the court would \"approve their petition to appoint them\" and ordered the appointment to be \"jointly and severally\" so that any one of the three could act on Mr. Pitt's behalf without requiring all signatures. The judge said that approach would allow continuity if one relative later steps down.

Why it matters: appointment as conservators gives the appointees the authority to handle taxes and financial matters that the family had been managing informally; it also clarifies fiduciary authority after the original trustee's death.

Testimony in court: William Thomas Pitt (who the petitioners say goes by \"Tommy\") confirmed he understands the petition and is agreeable to the relatives acting for him. Marie Powell and her daughters Christina Wheeler and Karen Devine testified that they have been assisting and that they want the court order so they can file taxes and otherwise manage financial affairs.

Court directions: the judge directed that the order specify that any of the three appointees may act individually, and that the order should allow the court to remove or release an appointee if needed. The court also agreed to the filing of an attorney-fee affidavit and asked counsel to submit a proposed order.

Next steps: counsel for the petitioners will draft and submit the conservatorship order consistent with the bench ruling. The court indicated it would waive bond if Mr. Pitt is satisfied with the arrangement and there is no objection on the record.","After the trustee named in his mother's will died, the court approved a petition to appoint three relatives as conservators for William T. Pitt and instructed an order allowing any one of them to act without all three signatures.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6126271,"Judge rules divorce remains effective despite husband's death, reserves property division",1186,1284780,2471530,"/Search/View?dp=1&key=2669768-dd3c4b236d9451a91acab91ab173941a&start=1284&end=2471","https://assets.pipeline.soar.com/2669768-dd3c4b236d9451a91acab91ab173941a/thumbnail_1284780.jpg","/articles/6126271/Tennessee/Judge-rules-divorce-remains-effective-despite-husbands-death-reserves-property-division","https://secure.pipeline.soar.com/6126271-b043e026821dce7c9d81d342147bdbe7/orig.mp4?Expires=1771204162&Signature=aUsCk85B784k5GH55enhpLLkdS8zq458vXIty4IPoo26KCjTtZYRwutPI6NWWg3CoLU0i4tbQKNa1dg-cj3RD40Z74H23XFhwCNTEk6xMPwpbUaf8wbr-0-c9kThJzWWHgMeiSfwozHNWbK33sncwx4ZjfRLZjZ6gljt9Jspwby-L3tpN4urzm5MgIlK-mU2BV~MAdAhAM2QGT8FLl8dzagVzrM~xLJUube0DCH5t-DT4WfihD11xcVaI65qSzvJaazuoYZ6VHurM925UGQT2M66pi4RyCLAg2vJj8P401qeU~1TAwYc~Fd44QoZdlkeE-xrKRcOOAVDhJFpB4MIWg__&Key-Pair-Id=KUT5TJCACFTXG","A Sumner County judge ruled Friday that the death of a husband after a hearing did not end a pending divorce action, finding the court intended the divorce to be effective as of an earlier hearing and reserving questions about property division.

Judge David D. Wolfe said the record showed the court had intended to grant an absolute divorce at a January 2024 hearing and therefore retained jurisdiction to resolve remaining issues. \"This court finds that the death of mister Daniel does not abate this action and that this court continues to have jurisdiction to rule on the remaining issues,\" the judge said from the bench.

Why it matters: the decision determines whether the court can continue to decide how to divide marital property after the death of a party. The judge relied on Tennessee case law that prioritizes a trial court's intent about the effective date of a divorce judgment.

Case background: the husband, Donald Howard Walker, sought a divorce and obtained an order on Jan. 22, 2024, after testimony and exhibits. The court found the defendant, Elizabeth Diane Walker, posed a credible threat and granted an order of protection and awarded exclusive possession of the marital residence to the husband because of his medical condition. The court entered findings that the husband's medical condition and the defendant's conduct justified an absolute divorce.

Contentions: the defendant argued the case should be dismissed after the husband's death and cited McMahon v. Butler, which the court acknowledged but found distinguishable. The court reviewed authority including Bradley v. Bradley and Daniels v. Daniels and concluded those decisions support preserving jurisdiction where the trial court intended the divorce to be effective at the time of hearing.

Court action: the judge denied the motion to dismiss the divorce as abated by death, reserved division of assets for further proceedings, and directed counsel to prepare an order reflecting the ruling. The judge also noted the estate of the deceased plaintiff had been substituted as a party and that mediation would proceed on outstanding matters.

Next steps: counsel for the prevailing party will draft the order memorializing the court's decision, and the case will proceed on property division and related claims with the estate substituted in interest.","The court found the trial judge intended the divorce to be effective at an earlier hearing and concluded the husband's death did not abate the action; property division remains pending.","actionData","errors"]

Article not found

Judge pauses disputed $535,000 distribution in Elliott estate after lawyers clash over joint account and service

Judge approves temporary family-law arrangement in Braden case including custody, support and counseling terms

Court appoints permanent conservators, authorizes payment of care balances and sale steps in separate matters

Court appoints three relatives as conservators for William T. Pitt; order to allow any one to act individually

Judge rules divorce remains effective despite husband's death, reserves property division