OF JUDGMENT: 12/07/2015
COUNTY CHANCERY COURT, HON. WILLIAM R. BARNETT TRIAL JUDGE
ATTORNEY FOR APPELLANTS: STEVEN CRAIG PANTER.
ATTORNEY FOR APPELLEES: KENNETH B. RECTOR.
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
This is an appeal from the Chancery Court of Warren County.
Robert Ehrhardt ("Robert") and Kemper Ehrhardt
("Kemper") contend that upon the death of Julia
Donelson Ehrhardt ("Julia"), their stepmother, they
became entitled to fifty percent of the proceeds from the
sale of the house previously owned by her and the late Robert
Ehrhardt Sr. ("Robert Sr."). The chancery court
found the property passed by virtue of deed to Julia after
Robert Sr.'s death. Finding no error, we affirm the
chancery court's judgment.
AND PROCEDURAL HISTORY
Kemper and Robert ("Ehrhardt brothers") are the
sons of Robert Sr. (deceased) and his first wife. After the
death of Robert Sr.'s first wife, he married Julia.
On September 2, 1988, Robert Sr. and Julia purchased a home
as joint tenants with full rights of survivorship, and not as
tenants in common. Subsequently, Julia purchased, in her name
alone, a strip of land adjoined to the marital home.
On April 27, 2000, Robert Sr. executed his last will and
testament. The provision relevant to this appeal provides:
My interest in the marital home (land and improvements) is
hereby given, devised and bequeathed to my wife, Julia
Donelson Ehrhardt, in trust and as Trustee for her benefit
upon the following terms and conditions:
. . . .
Paragraph VI, C: At the death of my wife, the trust shall
terminate and then the house or subsequent dwelling which the
trust has an interest shall be sold and my fifty (50%)
percent of net proceeds from the sale of that house or
dwelling shall be ...