Personal Detinue Legal Guidance

Summary

In Tennessee, personal detinue is a legal action to recover personal property wrongfully taken. The Dead Mans Statute generally prevents testimony about conversations with a deceased person in suits against their estate. However, it does not apply if the decedents representative has knowledge of the conversations, if the conversations are related to a written contract, or if the party against whom the statute is invoked brings the decedents testimony into the case. If the decedents mother possesses your property, she can be subject to a personal detinue action, and the Dead Mans Statute may not apply since she is not the executor. Consult a legal professional for specific case laws and further advice.

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I need case law about personal detinue lawsuit against decedents mother and precedents concerning deaf man's statute
Hello ****, to provide you with the most accurate information, could you please tell me which country or state's law applies to your situation?
Tennessee
Hello ****. In Tennessee, personal detinue refers to a legal action to recover personal property wrongfully taken. As for deaf man's statute, could you clarify your query? It's not a common term in legal parlance.
The property was formerly the decedents
Hello ****, in Tennessee:
- A decedent's property is typically distributed according to their will or according to intestacy laws if no will exists.
- Personal detinue can be used if personal property has been wrongfully taken.
- I wasn't able to find specifics about a "deaf man's statute." Could you give more context?
Dead mans statute
Hello ****, the "Dead Man's Statute" in Tennessee, is known as the "Dead Man's Statute." It generally prevents a person from testifying about conversations or transactions with a deceased person in a suit against the deceased's estate.
What if the suit is against decedents mother as a person in possession of my property, nor as executor
Hello ****, in Tennessee:
- If the decedent's mother is in possession of your property, she can be subject to a personal detinue action.
- Dead Man's Statute may not apply in this scenario since she's not the executor of the estate nor the deceased.
Shows me case law supporting this
Apologies for any inconvenience, but as an AI, I am unable to search for specific case laws. I recommend reaching out to a legal professional who can provide you with specific case laws and further legal advice.
When does the dead mans statute not apply in Tennessee
The Dead Man's Statute in Tennessee does not apply when:
- The party against whom the statute is invoked voluntarily brings the decedent's testimony into the case.
- The decedent's representative has knowledge of the conversations.
- The conversations are related to a contract in writing.
Remember, it's best to consult a legal professional for advice pertaining to your specific situation.