The widow of the late J. Don Brock, wealthy longtime CEO of Astec Industries, is asking that a will contest be dismissed.
Five adopted children of Mr. Brock are contesting his will after being left out.
The will contest was brought by Walter Brock of Soddy Daisy, Darryl Brock of Soddy Daisy, Jennifer Brock of Rossville, Missy Brock Adcock of Soddy Daisy and Krissy Brock Parker of Hixson, who were omitted from the will.
Attorney John Lawrence said the plaintiffs do not have standing to bring a will contest, saying they were not included in either of two wills made by Mr. Brock.
Co-executors are the widow, Sammye M. Brock, and W. Norman Smith.
Mr. Brock and Sammye Brock at the time of his death had nine children between them from former marriages.
Those getting bequests in the will were Christie, Devin, Ben Brock of Lookout Mountain and Elizabeth Brock of Harrison. It says after the death of his current wife, Sammye, that the proceeds will be distributed 50 percent to Ben, who is a top official of Astec, and 16 and two-thirds each to the other three.
The will was signed Oct. 1, 2013. Mr. Brock, an ingenious inventor and business leader, battled cancer the last three years of his life.
The matter was moved from Probate Court to Circuit Court, then back to Probate.
As grounds, the will contest alleges improper execution or attestation, lack of testamentary capacity, and fraud or undue influence.
The five children left out were adopted by Mr. Brock and Lynne Williams Brock in 1983, joining two other adopted children, Ben and Elizabeth. J. Don Brock and Lynne Williams Brock divorced in 1996 after 31 years of marriage. Mr. Brock gained custody of four of the minor children.
He married Sammye M. Sprouse, who had been his receptionist and administrative assistant since 1974, on July 4, 1998.
The will contest says the Brock divorce had alleged a long affair between Mr. Brock and Ms. Sprouse.
It says his second wife often signed his name on documents and says at the time the will was signed he was undergoing aggressive treatment for cancer.
The will contest says the children who were left in the will had a confidential relationship with Mr. Brock and used their influence over him.
Those left out said they only learned that they had been disinherited when they were mailed a copy of the will after their father's death on March 10 at the age of 76.
They said they had been told by Mr. Brock that they would be provided for when he died.
Attorney Jerry Summers earlier asked that attorney Richard Bethea be ruled off the case, saying he long been involved in handling Mr. Brock's business matters and might become a witness.
That motion has now been withdrawn - with the understanding that it could be filed again later.
Chancellor Jeffrey Atherton is hearing the case.