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09/27/89 BETHEL RICE v. ELIZABETH DANIEL HALE

September 27, 1989

BETHEL RICE, ET AL., PLAINTIFFS-APPELLEES,
v.
ELIZABETH DANIEL HALE, ET AL., DEFENDANTS-APPELLANTS



FROM THE CHANCERY COURT, PUTNAM COUNTY, THE HONORABLE VERNON NEAL, CHANCELLOR.

Ben H. Cantrell, Judge, Henry F. Todd, Presiding Judge, Samuel L. Lewis, Judge, Concur.

The opinion of the court was delivered by: Cantrell

OPINION

BEN H. CANTRELL, JUDGE

This is an action by defendants for a declaratory judgment construing portions of the will of O. V. Race. The dispute is whether a phrase in item six of the will, "all items connected with the Rice Motor Inn in which I have an interest" covers land adjacent to the Motor Inn which was owned by the decedent in colon with others.

A.

In 1966, three brothers, O. V. Rice, Oliver Rice, and O. D. Rice owned approximately seven acres of land on the south side of Interstate 40 in Cookeville. They constructed a service station on part the land and leased it to an oil company. Another part of he land, on which they had constructed a motel, they conveyed to Rice Motor Inn, Inc., a corporation, in which they each owned one-third of the shares of stock.

Before O. V. Rice died in 1978, the motel had been expanded and the addition rooms extended over the line owned by the corporation onto the property still owned by the three brothers. The brothers also built a diesel service station on their land and later converted it into a rental unit for which the motel collected the rent. Apparently the three brothers did not take much notice of which property was owned by them individually and which was owned by the corporation since they owned he remaining land in the same proportions they owned the shares in the motel.

Apparently the same was true with respect to the cent from the service station. From the time it was first leased until this dispute arose, the rent from the station had been paid to the motel corporation and the corporation had, in turn, paid expenses ...


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