Chancellor Jeff Atherton has recused himself from a case in which a Chattanooga attorney is suing the two daughters of Chattanooga Choo Choo founder B. Allen Casey Jr. in connection with his estate.
He did so after attorney James L.
Henry Jr. said he felt the judge might be biased in favor of the daughters.
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.
Chancellor Atherton earlier had appointed attorney Jennifer Kent Exum to represent the Allen Casey estate and she declined to seek the elective share. The suit said she did so at the last minute, not giving attorney Henry and other creditors time to respond.
Attorney Henry said in his motion to recuse that he had learned that Chancellor Atherton had an ex parte phone call with Ms. Exum and gave her instructions upon her appointment to the case. Attorney Henry said he only learned of that because attorney Kent listed it on her time sheet seeking payment for her services. He said she later withdrew the payment request on the call with the judge.
Criminal Court Judge Barry Steelman, who is currently the presiding judge here, has been asked to find a new judge to handle the case.
The complaint is against Elizabeth and Lynn Casey (daughters of the Caseys), Cartter Patten III, attorney Exum and the Chambliss Bahner and Stophel law firm.
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.
The suit asks for compensatory damages of at least $6 million as well as punitive damages.
Cartter Patten III, brother of Emmy Patten Casey, was named due to his being a representative of her estate.
With the new development in the case, the legal question remains concerning the elective share.