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Alsup v. Alsup

Court of Appeals of Tennessee, Jackson

May 23, 2017

WILLIAM DALE ALSUP
v.
DAVID C. ALSUP

          Session: April 26, 2017

         Appeal from the Chancery Court for Henry County No. 22941 Carma Dennis McGee, Chancellor

         This is a declaratory judgment case. Decedent, mother to the parties, died testate, leaving a holographic will that divided her real property between her two sons, David Alsup/Appellant and William Alsup/Appellee. The probate court admitted the will to probate. Following completion of the probate proceeding, William obtained a survey dividing the property as provided for in Decedent's will. David refused to accept the survey procured by William, and William then filed this action to quiet title and for ejectment. David filed an answer but did not file a counterclaim or a countervailing survey. William moved for summary judgment, which the trial court granted. Discerning no error, we affirm.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded.

          David C. Alsup, Buchanan, Tennessee, Appellant, Pro Se.

          William Dale Alsup, Paris, Tennessee, Appellee, Pro Se.[1]

          Kenny Armstrong, J., delivered the opinion of the court, in which Arnold B. Goldin and Brandon O. Gibson, JJ., joined.

          MEMORANDUM OPINION [2]

          KENNY ARMSTRONG, JUDGE

         I. Background

         On December 20, 2005, Helen Alsup ("Decedent") died testate. On November 13, 2002, Decedent executed a holographic will, which provided that Decedent's real property, which is located in Henry County, Tennessee (the "Property"), would be divided into two tracts, with one tract given to each of her two sons, David Alsup ("Appellant") and William Alsup ("Appellee"). Decedent's holographic will devised the Property to David and William as follows:

[First, ] William D. Alsup to receive the first 150 feet from Wm. D. Alsup property (Johnson's) Hwy 79N frontage and then to back property line with side line straight to back where Davids (sic.) begins.
[Second, ] David C. Alsup to receive 262 ft[.] Hwy 79 N. frontage and then to side & back line. [Third, ] [a]proximately (sic.) [a]t 412 ft. Hwy 79 N. frontage total both property to include any building on their part of land. Any property cost divided equally or individually on their part.

         On August 2, 2011, the probate court admitted Decedent's will to probate. The probate court ordered, in relevant part:

[T]he hand[]written document dated 13 November, 2002 submitted to the [c]ourt is a valid [h]olographic [w]ill and is the last will and testament of Ms. Helen M. Alsup and shall be entered into the [p]robate records as the last will and testament of Ms. Helen M. Alsup….
[T]he [h]olographic will of Ms. Helen M. Alsup shall be entered for muniment of title to the real property owned by Ms. Helen M. Alsup ...

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