Lying has become a national pastime. Even worse, people, including a former President, lie under oath in court proceedings every day. Every once in a while, a liar is caught. When that occurs, it really is fun. Jerry Robertson learned that lesson the hard way.
Jerry was the adopted son of Tillman Robertson. In Tennessee, adopted children are considered “heirs” just like natural children. Jerry was quite fortunate. In 1936, Henry C. Butler died and left a will. In that will, Mr. Butler left his land to Tillman Robertson for his lifetime. The will specified that upon Tillman’s death, Tillman’s heirs inherited the land. Tillman died in 1990. At the time of his death, Tillman had two children – his adopted son, Jerry, and his natural daughter, Clara. The property was worth, according to the Court, about $1.1 million.
After Daddy died, Jerry obtained a divorce and he filed bankruptcy. Both are judicial proceedings. Jerry, however, did not list his interest in the Property on the list of assets he was required to make in either case. Even worse, he filed “sworn” statements with the two courts that omitted this property.
In Tennessee, we take “sworn” statements very seriously. In fact, the courts take it so seriously, that the court held that Jerry Robertson was “judicially estopped” from asserting that he owned the property.
The moral of this story: Liars do get caught, and sometimes it is painful.
Robertson v. Hodges, No. E2009-01335-COA-R3-CV (Tenn. Ct. App. June 28, 2010).
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