Estate of Purnie Allen

IN THE COURT OF APPEALS OF TENNESSEE

WESTERN SECTION AT JACKSON ______________________________________________ IN RE: ESTATE OF FROM THE SHELBY COUNTY PURNIE ANN ALLEN, PROBATE COURT, No. B-26326 Deceased, THE HONORABLE LEONARD

PIEROTTI, JUDGE FILED AFFIRMED

C.A. No. 02A01-9808-PB-00232 December 28, 1998 C. Michael Robbins of Memphis

William D. Massey of Memphis Cecil Crowson, Jr. For Appellant, William B. Allen, Sr. Appe llate Court C lerk

R. Michael Potter; Beth Weems Bradley; Burch, Porter & Johnson of Memphis For Appellee, William B. Allen, Jr. ____________________________________________________________________________

MEMORANDUM OPINION1

AND ORDER ___________________________________________________________________________ CRAWFORD, J.

Petitioner, William B. Allen, Sr., a life beneficiary of a trust, appeals the order of the Probate Court denying a petition to remove the trustee, respondent, William B. Allen, Jr..

The order appealed denying the removal of the trustee also deferred for later consideration a cross petition filed by the respondent-trustee. At the time of oral argument, the Court was preliminarily of the opinion that the judgment was not a final judgment appealable as of right pursuant to T.R.A.P. 3. In retrospect, however, we are of the opinion that probate matters because of their continuing nature can have finality as to various proceedings over the course of time. Our courts have long established that appeals from orders removing or refusing to remove executors or administrators are appealable as in other cases. 2 Jack Robinson, Jr. & Jeff Mobley, Pritchard on Wills and Administration of Estates § 616 (5th ed. 1994); see In Re Wooten’s Estate, 114 Tenn. 289, 85 S.W. 1105 (1905); Rhodes v. Boyer, 106 Tenn. 434, 61 S.W. 776 (1901). As testamentary trustees may be removed by the probate court and occupy a somewhat analogous position to executors or administrators, this rule should equally apply to trustees. Accordingly, we determine that this case is properly appealed to this Court.

After careful consideration of the entire record, the judgment is affirmed in accordance with Court of Appeals Rule 10(a). Costs of the appeal are assessed to appellant for which execution may issue, if necessary.

_________________________________ W. FRANK CRAWFORD, PRESIDING JUDGE, W.S. __________________________________ ALAN E. HIGHERS, JUDGE __________________________________ DAVID R. FARMER, JUDGE