IN RE ESTATE OF BETTY RUTH SHAW MORGAN

No. 549 June 18, 2025 363 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of the Estate of Wilbert H. Tressler, deceased. Barbi M. DOLL, Appellant, v. Donald Lee TRESSLER, as Personal Representative of the Estate of Wilbert H. Tressler, Respondent. Washington County Circuit Court 21PB05510; A180067 Janelle F. Wipper, Judge. Submitted May 20, 2025. Jennifer J. Martin, Kevin O’Connell, and Law Offices of O’Connell Hval & Martin filed the briefs for appellant. Heather Cavanaugh, Julie R. Vacura, and Larkins Vacura Kayser, LLP, filed the brief for respondent. Before Ortega, Presiding Judge, Hellman, Judge, and O’Connor, Judge. ORTEGA, P. J. Affirmed. 364 Doll v. Tressler ORTEGA, P. J. Petitioner Barbi Doll seeks reversal of an opinion and order concluding that decedent Wilbert Tressler lacked testamentary capacity when he executed a will in 2020, which made her the primary beneficiary of his estate and which also concluded that the will was the result of undue influence by petitioner. She seeks reversal of that opinion and order, which invalidated the 2020 will, and the findings and conclusions supporting it. We affirm. Petitioner has not asked this court to try the cause anew on the record under ORAP 5.40(8), and this is not an “exceptional case” warranting such review. ORAP 5.40(8)(c). Accordingly, we are bound by the trial court’s findings of historical fact that are supported by any evidence in the record and review the court’s dispositional conclusions for errors of law. See Williamson v. Zielinski, 326 Or App 648, 649, 532 P3d 1257 (2023). The trial court’s findings of historical fact are sup- ported by evidence in the record and are bolstered by its credibility findings. Those findings provide ample legal sup- port for its dispositional conclusions. We therefore conclude that petitioner has failed to show any basis for reversal of the opinion and order. Affirmed.

08/08/2025 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON April 23, 2025 Session SHIRLEY JEAN CUPPLES BLANKENSHIP v. CHARLES GARY BLANKENSHIP SR. AND CHARLES GARY BLANKENSHIP II v. SHIRLEY JEAN CUPPLES BLANKENSHIP Appeal from the Chancery Court for Gibson County No. H6329, H6634 Michael Mansfield, Chancellor ___________________________________ No. W2024-01248-COA-R3-CV ___________________________________ This appeal arises from the death of the husband during a divorce proceeding. While the divorce was pending, the spouses sold real property they owned as tenants by the entirety and deposited the proceeds with the clerk of the court pursuant to an agreed order. Subsequently, the husband died and the wife filed a motion to dismiss the case and to distribute the proceeds. The chancery court determined that the husband’s death abated the divorce proceedings and that the proceeds had been owned by the spouses as tenants by the entirety. Thus, the court granted the motion to dismiss and determined that the wife was entitled to distribution of the proceeds as the surviving tenant by the entirety. The spouses’ son, acting as administrator of the husband’s estate, appeals. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed. CARMA DENNIS MCGEE, J., delivered the opinion of the court, in which KENNY W. ARMSTRONG and VALERIE L. SMITH, JJ., joined. Michael R. Flynn, Germantown, Tennessee, for the appellants, Charles Gary Blankenship II and Probate Advance, LLC. Jonathan O. Steen, Nicholas B. Latimer, and Sara E. Barnett, Jackson, Tennessee, for the appellee, Shirley Jean Cupples Blankenship. OPINION I. Facts and Procedural History Charles Gary Blankenship Sr. (“Husband”) and Shirley Jean Cupples Blankenship (“Wife”) were married on August 22, 1981, in Jackson, Tennessee. One child was born of the marriage, Charles Gary Blankenship II (“Son”). Son is serving as the administrator of Husband’s estate and is one of the appellants in this matter. During the marriage, the spouses obtained the following pieces of real property in Humboldt, Tennessee: 157 Pleasant Hill Road, 3855 East End Drive, and a lot adjacent to the 3855 East End Drive property (collectively “the Properties”). The spouses owned the Properties as tenants by the entirety. On March 6, 2020, Wife filed a complaint for divorce in the Madison County Chancery Court. The spouses later agreed for the case to be transferred to the Gibson County Chancery Court. Litigation ensued, and on September 30, 2022, Husband filed a motion requesting that a guardian ad litem be appointed on his behalf. The motion was granted by order entered on January 20, 2023. The guardian ad litem subsequently submitted a report explaining that Husband had experienced several health issues and recommended that Son be appointed as conservator over Husband’s person and that a certified public accountant be appointed as conservator over his property. On January 5, 2023, an “Agreed Order” was entered in which the spouses agreed that the proceeds derived from the sale of any marital property would be paid to the Clerk and Master of the Chancery Court of Gibson County. Although it is unclear from the record when this occurred, the spouses subsequently sold the Properties. The proceeds derived from the sale of the Properties were deposited with the Gibson County Clerk and Master. On August 15, 2023, Husband died prior to a final decree of divorce having been entered. Wife filed a “Motion to Dismiss and for Distribution of Funds” on September 8, 2023, in which she asserted that Husband’s death abated the divorce proceedings. Wife also claimed that the proceeds derived from the sale of the Properties had been owned by the spouses as tenants by the entirety and thus the proceeds had “vested” in her upon Husband’s death as the surviving tenant by the entirety. Meanwhile, on October 27, 2023, Son filed a verified complaint in his capacity as the administrator of Husband’s estate in the Chancery Court of Hamilton County, Tennessee.1 The complaint alleged that the funds being held by the Gibson County Clerk and Master were assets of Husband’s estate. Son further sought an order enjoining Wife from obtaining the funds pending resolution of the complaint. This case was eventually transferred to the Gibson County Chancery Court. Subsequently, the court entered an order consolidating the divorce proceeding, the above- described action filed by Son, and a “Probate Action” Son had also filed in the Hamilton County Chancery Court. The court determined that all three cases were predicated on the disposal of a single issue: “who is entitled to receive disburse

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS IN RE § 08-25-00147-CV RITA ELIZABETH JONES, § AN ORIGINAL PROCEEDING INDIVIDUALLY and ON BEHALF OF THE ESTATE OF ESTELA TIBUNI § IN MANDAMUS ROMANO, DECEASED, A/K/ ESTELLA TIBUNI ROMANO, STELLA TIBUNI § ROMANO § Relator. JUDGMENT The Court has considered this cause on the motion to dismiss. We grant the motion and dismiss the petition for writ of mandamus. We further order Relator to pay all costs of this appeal and this decision to be certified below for observance. IT IS SO ORDERED this 17th day of June 2025. MARIA SALAS MENDOZA, Chief Justice Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS IN RE § 08-25-00148-CV RITA ELIZABETH JONES, § AN ORIGINAL PROCEEDING INDIVIDUALLY and ON BEHALF OF THE ESTATE OF ESTELA TIBUNI § IN MANDAMUS ROMANO, DECEASED, A/K/ ESTELLA TIBUNI ROMANO, STELLA TIBUNI § ROMANO § Relator. MEMORANDUM OPINION Relator Elizabeth Rita Jones 1 has filed a motion for voluntary dismissal of this original proceeding. See Tex. R. App. P. 42.1(a)(1) (governing voluntary dismissals). The motion is granted, and this original proceeding is dismissed. The temporary administrative stay issued on May 21, 2025 is lifted and all pending motions are denied as moot. Further, we deny the request made by the Real Party in Interest for sanctions pursuant to Tex. R. App. P. 52.11. Court costs are assessed against Relator. See Tex. R. App. P. 42.1(d) (court to tax costs against relator absent agreement of the parties). MARIA SALAS MENDOZA, Chief Justice June 17, 2025 Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment) 1 Individually and on behalf of the Estate of Estela Tibuni Romano, Deceased, a/k/ Estella Tibuni Romano, Stella Tibuni Romano.