A Chattanooga attorney has sued the two daughters of Chattanooga Choo Choo founder B. Allen Casey Jr. in connection with his estate.
James L. Henry Jr. filed the complaint in Chancery Court against Elizabeth and Lynn Casey (daughters of Mr. Casey), Cartter Patten III, attorney Jennifer Kent Exum and the Chambliss Bahner and Stophel law firm.
The suit says the wife of Mr. Casey, Emma Patten "Emmy" Casey, died May 15, 2020 and left an estate of about $15 million.
The suit says Mr. Casey died six weeks later and left no real estate and almost no personal property. He did have a number of creditors, including attorney Henry. Total claims of the creditors against Mr. Casey's estate exceed $4 million.
Attorney Henry said as a surviving spouse of over nine years of marriage, Mr. Casey had the right under Tennessee law to "an elective share" of Emmy Patten's estate equal to 40 percent of the net estate. He said that would have been about $6 million. The Caseys had been married since 1963.
Attorney Henry said if Allen Casey had gotten his share of his wife's estate there would be more than enough to pay off all the creditors, including himself.
The suit says last Jan. 15, Elizabeth Casey was named to oversee the estate of her father. Attorney Henry said she had a conflict in that if Mr. Casey got his elective share of the estate then that money would go to creditors and not to her and her sister.
It says attorney Exum of the Chambliss Bahner firm was named to represent the Allen Casey estate and she declined to seek the elective share. It says she did so at the last minute, not giving attorney Henry and other creditors time to respond.
It says Ms. Exum "ran out the clock" on the creditors.
The suit asks for compensatory damages of at least $6 million as well as punitive damages.
Cartter Patten III, brother of Emmy Casey, was named due to his being a representative of her estate.