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Edwin O. Martin v. Carl Nash

Citation: Not availableDocket: M2007-02375-COA-R3-CV

Court: Court of Appeals of Tennessee; March 20, 2009; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a dispute concerning the A.A. Martin Cemetery, family members sought legal clarification on cemetery boundaries, injunctive relief, and damages against property owners. The trial court delineated cemetery boundaries based on historical deeds, designating specific areas for Martin descendants and public burials. Trustees were appointed for cemetery governance, with the existing board affirmed and expanded to include a family member from the plaintiffs' side. The plaintiffs appealed, challenging the boundary determination, exclusion of evidence regarding fence repair costs, and the trustee election process. The trial court found the original 1930 and 1995 deeds established the cemetery's boundaries, and no competent evidence supported claims of boundary expansion or mismanagement. Testimonies concerning fence ownership and maintenance were deemed inadmissible hearsay, negating the plaintiffs' claim for damages. The trustee elections were upheld as valid, though imperfect, with the court adjusting the board composition to address representation concerns. The appellate court affirmed the trial court’s decisions, maintaining the rulings on boundary definitions, evidentiary exclusions, and governance structure, with costs assigned to the appellants.

Legal Issues Addressed

Cemetery Boundary Determination

Application: The trial court determined the boundaries of the cemetery based on historical deeds and evidence, defining specific areas for Martin descendants and public burials.

Reasoning: The trial court ruled that the dimensions of Phase I of the cemetery were 85 feet by 155 feet and that only Martin descendants could be buried there, while anyone could be buried in Phase II.

Damages for Fence Removal

Application: The court ruled that plaintiffs were not entitled to damages for the fence's removal, as ownership belonged to Mr. Nash, not the cemetery.

Reasoning: The court ruled that Plaintiffs were not entitled to damages for the removal of a fence, determining that the fence belonged to Mr. Nash, not the cemetery.

Evidentiary Standards and Hearsay

Application: The court excluded testimony regarding the fence's replacement cost as hearsay, adhering to evidentiary rules that require proven ownership for admissibility.

Reasoning: The court sustained an objection to this testimony as hearsay, ruling that since Mr. Martin was not proven to be the fence's owner, his opinion on its value was inadmissible.

Exclusion of Evidence on Charitable Trust Fund

Application: The court excluded evidence of a newly established charitable trust fund as irrelevant, a decision upheld by the appellate court for its proper application of discretion.

Reasoning: Additionally, the court excluded evidence from Plaintiffs regarding a newly established charitable trust fund, ruling it irrelevant.

Trusteeship and Governance of Cemetery

Application: The court appointed trustees for the cemetery management, affirming existing trustees while adding a member from the plaintiff's side to reflect family representation.

Reasoning: The court decided that the entire cemetery should be governed by a single body, affirming the existing trustees and adding a member from the plaintiff's side of the Martin family.

Validity of Trustee Elections

Application: The trial court found the trustee elections valid, despite claims of unfairness, and addressed concerns by modifying the trustee board's composition.

Reasoning: The trial court, after assessing the boundaries of the cemetery, appointed a new board of trustees to manage it as a cohesive entity, emphasizing the prudent management by the current trustees.