Holley v. Marks

Summary

The Tennessee Supreme Court considered whether a contingent remainderman could periodically inspect a life tenant's records to determine whether the life tenant was improperly disposing of estate property. The court held that, absent allegations or proof of a real danger that the estate would be wrongfully depleted, the remainderman was not entitled to the requested relief and affirmed dismissal of the complaint.

Holdings

1. A remainderman is not entitled to the requested equitable relief where the record contains no allegation or proof that the life tenant is dealing with the property in a manner unauthorized by the will or that there is a real danger of destruction of the estate.

Questions Presented

1. Whether a contingent remainderman is entitled to periodic inspection of a life tenant's records absent an allegation or showing that the life tenant is wrongfully destroying or disposing of the estate.

Disposition

affirmed