MEMORIAL RESOLUTION 2019

2019 MEMORIAL RESOLUTIONS

Memorial to

Barton C. Burns

As prepared and presented by Glen Stophel

I suppose that most tax lawyers are known by their peers as something other than flamboyant, as contrasted with some of our brothers and sisters, particularly those in trial practice. We would not refer to Bart Burns, for example, as “over the top” or “an excessive self-promoter.” But—the word “unique” would seem to fit him pretty well. Barton C. Burns, came to Stophel, Caldwell & Heggie, one of the predecessor firms to the present Chambliss, Bahner & Stophel, on August 1, 1972, becoming a partner on January 1, 1975. He retired from the law practice on January 31, 2009, after almost 37 years of giving high-level tax analysis and advice to many individuals, businesses, non-profit organizations and fiduciaries of estates and trusts.

Bart was born in St. Paul, Minnesota, on October 6, 1933, and died on August 10, 2018, at 84 years of age. He received his B.B.A. degree, summa cum laude, from the University of Minnesota in 1954. When he took the CPA examination in 1956 he received the silver medal award from the American Institute of CPAs for the second highest scores in the U.S. that year. He held CPA certificates in Washington, Minnesota and Tennessee and practiced public accounting for eight years with two national CPA firms.

Bart earned his J.D. degree, magna cum laude, in 1961 from the William Mitchell College of Law. He practiced law in Minneapolis from 1961 through 1966, serving in several executive positions with North American Life & Casualty Company, including tax counsel, associate general counsel and senior vice president. He also served as vice president of Travelers Insurance Company in Hartford. The combination of his expertise in the field of insurance tax law, and his ability to solve complex tax problems was unusual and hard to find. He was a big man, physically and intellectually.

Bart is survived and lovingly remembered by his sons, Paul Burns and wife Carol; James Burns and wife Julia; daughter, Karen Burns; and their mother, Nancy Burns; as well as two grandchildren and four great-grandchildren; and, as the family put it, “a boat-load of grand-dogs.”

Always willing to help others in need, Bart served as a director and treasurer of Team Evaluation Center and as a long-time director and former vice president of Orange Grove Center.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Barton C. Burns’ good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Thomas Allison Caldwell, Jr.

As prepared and presented by Joanne C. Beckman

Thomas Allison Caldwell, Jr., was born to Mamie Hartwig Caldwell and Thomas Allison Caldwell, Sr. on September 4, 1924. He grew up in North Chattanooga, where he attended Normal Park Elementary School, Northside Junior High and City High School. For spending money, he and his life-long best friend, Jerry Harper, delivered newspapers in their pride and joy, a used Model T Ford.

At City High School, he was elected President of his Sophomore, Junior and Senior classes. He was fortunate enough to have had a very special teacher at City, who encouraged him to apply to Harvard University. He was accepted and awarded a full scholarship. He always said that it was only because he was from the South (I guess he thought that that was Harvard's idea of diversity in 1942). At the age of 17, having never left Chattanooga, he boarded a train with his trunk full of clothes, and headed to Cambridge.

He worked as a waiter while attending college, but still graduated two years later, with honors, and received his commission with the United States Navy. He served in the Pacific until the end of World War II and was discharged from the Navy a year later.

He returned to Cambridge and entered Harvard Law School on the GI Bill, graduating in 1949. He went to work for the Marshall Plan, otherwise known as the Foreign Assistance Act of 1948, which was implemented to aid countries devastated by the war. He worked in Paris, The Hague, Netherlands, Indonesia and Slovenia (now Croatia) over a period of several years, and then accepted a position with the General Counsel's Office of the Marshall Plan in Washington, D.C., where he worked for a year.

He returned to Chattanooga in 1953, joining the firm that would eventually become Witt, Gaither & Whitaker. In 1964, he joined what was then Stophel, Caldwell & Heggie, which later became Caldwell, Heggie & Helton. In 1993, this firm merged with Heiskell, Donelson, and through subsequent mergers became Baker, Donelson, Bearman, Caldwell & Berkowitz, a regional law firm with over 750 lawyers.

He married Anne Gunter in 1954, after only a 6 month courtship, and they celebrated their 60th wedding anniversary in 2014, 6 months before her death. They had four children, Tac (Thomas Allison, III), Joanne, Grant and Craig, 11 grandchildren (two of whom are now married) and 3 step-grandchildren.

He received numerous professional honors and awards over the years, including serving on the Board of Governors of the Chattanooga Bar Association, serving as the first President of the Chattanooga Legal Aid Society, being named to the Legal Aid Hall of Fame, being a Fellow of both the Chattanooga and the Tennessee Bar Foundations, being a Fellow of the American College of Trust and Estate Counsel and the American College of Tax Counsel, recipient of the CBA's Ralph Kelley Humanitarian Award, trustee and president of the Southern Federal Tax Institute of Atlanta, and president of the Chattanooga Estate Planning Counsel.

He was also a tireless community volunteer, most notably serving on the Board of The Orange Grove School for over 60 years. He was named as Tennessee Volunteer of the Year by an organization of agencies across the state providing services for the intellectually disabled. He also served on the Tennessee Regional Health Commission and the first State Health Facilities Commission.

He was also very active with the United Way, the Chattanooga Tumor Clinic and the Friends of Signal Mountain High School.

Most recently, he was awarded the 2017 CBA Jac Chambliss Lifetime Achievement Award for excellence in the legal profession and was honored as a "Living Legend" by Orange Grove. Just this last fall he was named a "Colonel Aide de Camp" by Governor Bill Haslam, the highest honor granted to an individual by the governor of Tennessee. The award is considered the equivalent to an actual military commission and the recipient is commissioned as a full colonel.

Tom did his best at anything he agreed to do, whether in the practice of law, in mentoring young lawyers, in serving the community, in dealing with his family or in dealing with friends. He always put others first and lived as a true Christian.

I have heard so many stories from people at the firm about how much they respected him and how kind he was to everyone. The one story that really sticks with me is one from a former secretary who remembers that when some of the secretaries in the firm formed a softball team and joined a local league, my father, who was managing shareholder at the time, and my mother never missed a game - no matter what the weather they were there to cheer the team on.

In the notes and verbal comments that I have received since his death, most common were: "he was the smartest man I ever knew," "he was a great lawyer," and "you always knew he had your back," and from clients: "we knew he would always take care of us." But I think that the one that I have heard the most and that he would be most proud of is: "he was a good friend."

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Thomas A. Caldwell’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Leonard “Mike” Caputo

As prepared and presented by Martin J. “Marty” Levitt

Leonard “Mike” Caputo, loving husband, devoted father, affectionate “Popi” and tenacious criminal defense lawyer, went to his heavenly reward on May 18, 2018.

Born April 24, 1946 in Lansing, MI, Mike was a graduate of Michigan State University and the University of Tennessee Law School. He proudly served our country as a Captain in the United States Air Force. He was a prominent Chattanooga attorney.

He is survived by his wife, Judy; children, Leah and Michael; step-son, Bill (Sheron) Smith; grandchildren, Ethan and Aidan Teague and Jackie Smith; along with numerous friends and admired colleagues.

I am proud to call Mike a great friend and colleague. If I had a legal question or needed advice on trial strategy, I, like many other lawyers, would consult with Mike. He had that rare combination of being an excellent trial lawyer and a legal scholar. In addition, his love of Michigan State sports and the sports team in Detroit, lead us to have many “stress relieving” discussions. Those of us who knew Mike during his lifetime consider ourselves blessed.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 2^nd day of March, 2018, that Leonard “Mike” Caputo’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Robert A. Frazier

As prepared and presented by Michael S. Pritchard

Robert Anthony Frazier, known as Bob, was born on May 22, 1931 in Nashville, Tennessee. Bob graduated from Father Ryan High School in Nashville. Bob then attended St. Ambrose University in Davenport, Iowa where he received his BA in Philosophy.

After a stint in the United States Army, Bob attended Vanderbilt Law School. After graduating from Vanderbilt, Bob moved in 1959, to Chattanooga where he joined the law firm of Spears, Moore, Rebman and Williams, as an associate attorney for several years.

Bob then, in 1967, joined with Attorney Ray Seiner and they shared a law office and practiced together until 2000 when Bob retired.

Bob was married to and survived by Gail Combs Frazier to whom he was married for 59 years. Bob and Gail have a son, Robert A. Frazier, Jr., and two daughters, Margaret Frazier Henderson and Jane Frazier Sadrabadi and nine grandchildren. Bob also leaves a brother, Carey T. Frazier and a sister, Patricia Kuhlman of Nashville.

Bob was a member of the Lions Club, Boy Scouts of America, and Tennessee Bar Association, Manker Patten Tennis Club and the Cat6holic Men’s Cursillo. Bob loved to garden, play tennis, often with Judge Don Poole, hike and spend time with his family. Bob, being the philosopher that he was, believed in his practice of law that “the bigger they are the harder they fall,” and he was never intimidated by his adversary in his practice of law.

On a personal note, shortly after I started practicing law, I was at Signal Mountain Municipal Court which I believe started at 6:00 p.m. on Tuesdays. The Municipal Judge was Jerry Foster, as I recall, and he needed to leave early. After my case was concluded he asked me to sit as special judge for the remainder of the docket. I agreed to do so. Bob came into court on some matter, which was resolved. After court was concluded, we left the building and were talking outside. Bob said, “Good bye, Judge! I will see you later.” Folks, that was in 1975. From then on, every time I saw or spoke to Bob he always called me “Judge”.

The last time I recall seeing Bob was at lunchtime in a restaurant on Signal Mountain. After we finished lunch, Bob was still at his table. I waved and said, “Good bye, Bob” and Bob said, “Good bye, Judge! I’ll see you later.” Folks, that was over 40 years he called me Judge.

Even when Bob and Ray had an office next door to my office in the Pioneer Building, every time I saw Bob in the hall it was always, “Hello, Judge!”, which was always said with a smile.

Bob was always cordial and pleasant to his adversaries and was known by other lawyers as a true gentleman of the bar. Bob always greeted his fellow attorneys with a genuine smile.

Bob left us on June 10, 2018 at the age of 87. Bob will be missed by all who knew him.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Robert A. Frazier’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Hunter D. Heggie

As prepared and presented by Glen Stophel

Hunter D. Heggie was born in Robersonville, North Carolina on April 19, 1925, and died in Chattanooga on December 22, 2018, at age 93.

Hunter’s was a life of superlatives. He graduated as valedictorian of his high school class. While attending Mars Hill College, he joined the U.S. army in 1942 at age 17, and, after basic training, was assigned to the 86^thinfantry division. In the fall of 1944 he was sent to Europe where he served on the front lines in the black forest of Germany, for which he was awarded the combat infantry medal and the bronze star.

After his discharge from the military when the war ended, Hunter enrolled at the University of North Carolina at Chapel Hill where he graduated with a B.S. degree in Commerce and was elected to Phi Beta Kappa. He then earned his J.D. degree, with honors, at UNC. He was awarded membership in the Order of the Coif by the law school.

While working on the audit staff and in the tax department of Arthur Andersen & Co. in Atlanta, Hunter sat for and passed all four parts of the CPA exam. After two years with Arthur Andersen and a year with an Atlanta law firm, Hunter was accepted as a trial attorney with the chief counsel’s office of Internal Revenue Service. He represented the I.R.S. in the U.S. Tax Court for four years--three years in St. Louis, Missouri and one year in Birmingham, Alabama. He then came to Chattanooga and practiced law with the firm Swafford & Jahn for one year before joining Taber, Chambliss & Stophel on June 1, 1959, where he became a partner on July 1, 1960. When Tom Caldwell joined the firm in 1964 upon the sudden death of Bob Chambliss, the firm practiced under the name Stophel, Caldwell & Heggie, a predecessor firm to the present firms Chambliss, Bahner & Stophel and Baker, Donelson.

Active in Chattanooga civic and religious life, Hunter served as president of the Chattanooga Civitan Club, president of the Better Business Bureau, and vice president of the Chattanooga Community Concerts. He also served as a director of the local chapter of the National Association of Accountants, and as a director and president of the Estate Planning Council of Chattanooga. Hunter also served as a director of the Chattanooga Opera Association, the Chattanooga Symphony Association, and the ministries of Room in the Inn and Contact Ministry. A long-time member of First-Centenary United Methodist Church, Hunter taught a Sunday School Class, served as chairman of the Board of Trustees and as a member of the Administrative Board. He also chaired the Inner City Program of the church.

At his Chattanooga law firms, Hunter was known and respected for his calm temperament under stress, his willingness to undertake tough jobs for the firm, and his integrity and stature in the community. Having practiced law with Hunter for almost twenty-four years, I think he should have received a medal for surviving as the third member of the management team with John Stophel and Tom Caldwell, while still maintaining that “calm temperament under stress” for which he was known.

Hunter is survived by Dot, his cherished wife of 65 years, his sons, Daryl Heggie and his wife Donna; Dalton Heggie; Chris Heggie and his wife Mary, and a grandson, Ryan Heggie.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Hunter D. Heggie’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Charles Edward “Ed” Lane, Sr.

As prepared by Neal L. Thompson and presented by Rex Sparks

Charles Edward “Ed” Lane, Sr., retired attorney, died on November 4, 2018. Ed was born in Athens, Tennessee on December 1, 1941. He was the son of James M. And Catherine Anderson Lane and was reared in the Chattanooga area and lived for three years in Florence, Alabama, where he became an admirer of Bear Bryant and a genuine fan of the Alabama Crimson Tide.

Ed’s family consisted of one sister, Judith L. Gray and his nephews, Don, Troy and Tim; one brother, Gary M. Lane (deceased). Ed loved his step-grandchildren, Hunter and Haley Reynolds and Tierney Smith. He was also very fond of his step-great-grandchildren, Audry Reynolds and Asher Smith. He is survived by his wife of 50 years, Billie Slatten Lane; his son, Charles and grandson, Ned.

Ed returned from Florence, Alabama to Chattanooga and attended Tyner High School. He graduated in 1959 and was presented the science award. He then attended the University of Chattanooga. Upon graduation in 1963, he received a B.S. degree in accounting and was commissioned a 2^nd Lt. In the U.S. Army. Following graduation from UC, Ed was stationed in Fulda, Germany from January 1964 to September 1965, as a member of the 1^st Squadron, 14 Armored Cavalry. During this time he was promoted to the rank of 1^st Lieutenant and was honorably discharged. Upon his return from Europe to Chattanooga, he was employed by National Life and Accident Insurance Company. He was promoted in 1966 to staff manager for Oak Ridge, Tennessee. He, met his wife-to-be, Billie Slatten of Louisiana. After marrying Billie they had one son, Charles Edward Lane, Jr., who also presented him with a grandson, Charles Edward Lane, III. He entered the University of Tennessee, Knoxville College of Law in December, 1968. When Ed graduated from law school in 1970 and passed the bar in February, 1971, he joined Dan Massey in the practice of law. He and Dan practiced together until Dan’s death in 1989. Ed continued practicing until he completed 34 years. Ed retired at the age of 64 as a result of both a successful law practice and wise investments.

During retirement Ed continued participating in his hobbies which included being a rosarian in the Tri-State Rose Society, an accomplished ballroom dancer and a hiker. He hiked down and climbed up the surrounding ridges and mountains in Chattanooga. In 1984 he and his family hiked through the Grand Canyon. In the 80's and 90's he and his family toured all 48 states of the continental United States of America. He and his wife also visited Hawaii, Alaska and Europe. Ed was also a man of faith. He was a member of the Oakwood Baptist Church, where he served both as a Bible Teacher and a Deacon.

Ed had a great wit and a razor blade sense of humor, he could tell funny jokes about people and institutions usually when he had an issue concerning a situation. In fact, he had the best sense of humor of anyone that I have ever known.

As a lawyer he litigated many cases in both civil and criminal court, and had several cases which were published by our Tennessee Supreme Court. Both Ed and his partner, the Dan Massey, had a large and diverse following of clients from all over the Chattanooga area. As an experience and ethical lawyer in our Court system, Ed knew who were the good players and also the “slippery ones” and acted accordingly to each circumstance. He was a zealous advocate for his clients and served them well.

But what I like most about Ed Lane above all else was that he spoke the “truth to power,” no matter who the person or what title the person possessed. Ed Lane was a lot of things to many people as a lawyer, husband, father and friend, but above all, he was a good man.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8th day of March, 2019, that Charles “Ed” Lane’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Alf Rhea “Tony” O’Rear

As prepared and presented by Honorable Russell J. Bean

Alf Rhea (Tony) O’Rear was a very popular Chattanooga Attorney in the 1950’s through the 1900’s.

He was born on February 25, 1923, to John Hubbard O’Rear and Bessie Jane Wallace O’Rear. Tony was one of 13 children.

At age 15, Tony lost his father. He stopped attending Central High School so as to help support his large family.

Tony became a Union Meat Cutter for Buehler Brothers as well as a Union Boilermaker with Combustion Engineering.

When World War II broke out, Tony could have gotten a deferment for his support of a large family, however, he chose to go and defend his country. He was deployed to England on the ship the “Queen Mary”. From England, he was involved in the first day of fighting in the Normandy invasion on Omaha Beach. He also fought in the Battle of the Bulge and then endured ground combat to within 10 miles of Berlin. He saw ground combat in Northern France, the Rhineland and also Central Europe. He was an AAA Crewman operating a Quad 50 caliber machine gun.

Tony was honored for his service by receiving the Victory Metal, the EAME Theatre Ribbon, Good Conduct Metal, The American Theatre Ribbon as well as five Bronze Stars. He was publicly honored by the French People for his part in the Normandy Invasion. He was a charter member of the War World II Memorial.

Of recent times, he was honored on ABC Television on Josh Rowe’s “The Price of Freedom” segment.

After returning from war, Tony obtained his GED from Central High School. He began working full time as a Union Brick Mason and attending the University of Chattanooga at night receiving a Pre-Law Degree. He then received his actual Law Degree from McKenzie College of Law. It was there that he met the love of his life, Mary Jo Love. He and Mary Jo married in 1949. They had one son, Mike O’Rear. Through Mike, they have had two cherished grandchildren, grandson, William Anthony (Tony) O’Rear and granddaughter, Kelly O’Rear Sells.

In 1952, Tony was admitted to the practice of law by the Supreme Court of Tennessee. As the story goes, he was laying brick at the time in learning of his admittance to practice law. He immediately threw down his brick laying materials and said “see you later, boys, I’m going to be a lawyer.”

Also, in 1952, he was accepted as a Royal Arch Mason. He ultimately became a 50 year member of the Masons. He was a life and charter member of Knight Crusaders of the Cross.

While practicing law, Tony was elected as a member of the Tennessee State General Assembly. He served there with another well-known local Chattanooga attorney, Richard Holcomb. Richard had obtained the name throughout the assembly as “Captain Midnite” for his going out on the town when his legislation sessions were over.

It’s ironic that with all the battles that Tony was involved in World War II that the most dangerous times might have been after the assembly when he would go out in Nashville with “Captain Midnite”. Seriously, Tony took his time in the Legislature very seriously. He passed Legislation for the working man and woman and was most proud of the fact that he helped pass a bill to make the private University of Chattanooga into the University of Tennessee public system.

Tragedy struck the family when Tony’s grandson, William Tony O’Rear, died of cancer. In young William Tony’s memory, the family has set up a foundation called the Tony O’Rear Bowling for St. Jude’s Foundation which raises money each year for St. Jude’s for cancer research and treatments.

After his retirement, Tony and his wife Jo, continued to attend Red Bank Cumberland Presbyterian Church, where he served as leader of the Men’s Sunday School class expounding his Christian faith.

After 69 years of marriage, Mary Jo O’Rear passed away, and as it happens in so many long marriages, Tony passed away not too long after that. Tony O’Rear passed away May 10, 2018 at the age of 95, leaving his son, Mike and his granddaughter, Kelly to cherish his memory. He is also survived by his brother, Joe, his daughter in law and several nieces and nephews.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8th day of March, 2019, that Alf Rhea (Tony) O’Rear’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Chancellor Robert Vann Owens

As prepared presented by Honorable S. Bruce Owens

In the last several years this memorial service no less than a dozen attorneys have prepared and presented memorials to their mother or father. This year the honor and privilege is mine.

My father, Chancellor Vann Owens, died this year at the age of 86. He was born in Birmingham, Alabama and raised on Missionary Ridge. He attended city public schools and graduated from Chattanooga High School, lettering in boxing and football. After graduating from Auburn University on an ROTC scholarship with a Bachelor of Science degree in aeronautical engineering, he was commissioned an Ensign in the U.S. Navy. He was a member of Phi Kappa Phi and Tau Beta Pi, but his most distinguished honor was marrying a “Miss Auburn”, the former Janice Williams. They enjoyed 56 years of marriage before her death in 2009. Two years later, he married a former Chattanooga High School classmate, Betty Barnes Aquadro and they enjoyed 6 ½ wonderful years together.

In the U.S. Navy, dad served as a damage control officer on an amphibious transport ship in the Pacific Ocean with two tours of duty in the western Pacific during the Korean War. His goal was to become a Navy Pilot, but he was ½ inch too short despite various stretching exercises to achieve the necessary height.

He left active service and was employed by NASA at the Redstone Arsenal in Huntsville, Alabama, eventually becoming a supervisor of the wind tunnel test engineers. Many of the reports and reference bulletins concerning missiles and space configuration aerodynamics were written by him. Most of his work was devoted to the Redstone Rocket which was being redesigned during the space race. The goal was to beat the soviets in the race to be the first country to send a human into earth’s orbit. The need to demonstrate to the rest of the world America’s technological superiority over the soviets led to the hiring of so many personnel dad’s responsibility and workload began to shrink. He no longer felt challenged and he began to experience boredom. He decided to pursue a legal career.

My grandfather was not at all happy with the idea his son would consider a profession full of liars and cheats. My father’s defense was “the profession needed an honest and god-fearing lawyer” and my grandfather had no counter argument.

Soon my parents and their three children loaded the families Ford Falcon station wagon and relocated to Alcoa, TN so dad could enter law school at the University of Tennessee. The family’s expenses were met with the help of the GI bill, dad’s part time job as a sales associate in the men’s department of J.C. Penny’s, and their proceeds from mother’s Avon sales. Dad received academic awards and honors, was inducted into the Order of the COIF, and graduated first in his class.

He returned to Chattanooga where his parents still lived. He was hired as an associate for one of the city’s oldest and largest law firms, Bishop, Thomas, Leitner, Mann & Milburn. When he left the first 21 years later, the firm was known as Leitner, Warner, Owens, Moffit, Williams and Dooley.

His partnership in the firm ended in December of 1984 due to Governor Lamar Alexander’s appointing him to be the Chancellor of Part I of the Hamilton County Chancery Court after the untimely death of Chancellor Wilkes Thrasher.

He won an election to finish the term in 1986 and ran unopposed in 1990 for a term of eight years. Before his retirement in 1998, he served as President of the Tennessee Trial Judges Association and President of the Tennessee Trial Conference. He was on the Board of Governors of the Tennessee Bar Association. He served two terms as President of the 11^th Judicial District. In 1992, he was one of three candidates recommended by east Tennessee Congressmen to receive the appointment from President Bush for a newly created U.S. District Court seat here in Chattanooga.

As a jurist he was diligent, conscientious and hard working. The reason Dad received academic awards and graduated at the head of his class was not as much that he was a brilliant man as it was he simply put in the time and effort to be as prepared as he could be for any talk, test or endeavor. When I was in private practice, if I mentioned an upcoming trial, he would invariably remind me that the best way to be prepared for trial was to put together a well-organized trial notebook. When I worked at the Leitner firm, some of his partners told me his trial notebooks were something to behold. Likewise, after taking the bench, he would prepare for upcoming hearings and trials. Occasionally, an attorney who was poorly prepared for trial might have to bear his Honor pointing out specific ways to be better prepared for future hearings. He was committed to impartiality and fairness. Although he had been active in the Republican Party, he felt judgeships should be non-partisan to reduce the likelihood of being perceived as partial.

My father had a restless mind and a need to engage intellectually challenging subject matters. Bridge must be an intellectually challenging card game, because after law school I cannot remember a time where he was not a member of one or more “Bridge circles.” He bought books on Bridge strategy. He entered Bridge tournaments. A trophy consisting of a bronze hand holding 13 playing cards occupied a place of honor in our home for many years.

Dad was an avid tennis player, competing in leagues and tournaments on Signal Mountain and at Manker Patten Tennis Club. More than one opponent claimed he employed gamesmanship to gain a competitive advantage. I know he did that kind of thing because that’s how he kept beating me for a long time after I was the better tennis player.

He learned to fly and to sail. He took multiple photography classes and set up his own dark room at home. He took computer programming classes at Chattanooga State. He was a life-long learner.

My father and mother adored Auburn University and were long time Auburn Tiger football season ticket holders. My sisters were Auburn graduates as were their respective husbands. The Vols fans in my family privately complained about having to endure so much tiger football talk at family vacations and holidays.

My father swore me in when I became a Juvenile Court Magistrate. He later encouraged me to run for his seat when he finished his last term. I was extremely reluctant to do so since the chances of a Democrat winning an open judgeship in a county wide election were very slim, but he convinced me an honorable person must remain true to their convictions and I was persuaded to run.

My father was a good man, but after he served as Chancellor, he was a better man. If he were concluding this memorial, he would tell you, “Be humble and do what is right and just. Help the less privileged and those in need. Be faithful, stay close to God, and remember to let loved ones know how much you love them.”

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8th day of March, 2019, that Chancellor Robert Vann Owen’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

The Reverend and Honorable Samuel H. Payne

As prepared and presented by Honorable Clarence Shattuck

Judge, Priest, Musician, headlined a media article several years ago about the individual being memorialized today. Another headline included “Air Force Veteran” and another, “Streetfighter.” These headlines certainly suggest a somewhat colorful life, as well as a very meaningful life.

Samuel Houston Payne was born on February 4, 1933 to James and Ernestine Payne in Chattanooga, Tennessee – one of seven children. He attended local public schools and began working at a young age delivering newspapers. Early on, he had an ambition to be a policeman. However, at age 16 and while attending Chattanooga High School (City) on 3^rd Street, Sam decided he didn’t want to continue his schooling. He implored his mother to allow him to join the U.S. Air Force. Reluctantly, but considering the circumstances, Mrs. Payne , with wisdom and insight, agreed for her 16 year old son to join the Air Force.

Immediately after basic training, Sam volunteered to be a tail gunner on a B-29 assigned to the Korean Conflict (War). He flew 25 combat missions. One was especially dangerous in that an engine of the aircraft was hit by enemy fire. The captain gave the crew an option to bail out – none did – and thankfully the plane made it back to the base landing safely. After his tour in Korea he reupped, earned his sergeant stripes and served a year in Europe.

After 4 years in the service, Sam received an honorable discharge from the Air Force and returned to Chattanooga. Now, with a much more mature attitude, he enrolled at the University of Chattanooga (now UTC) and was allowed to enter after taking a test. Due to his limited scholastic background, some of the college courses were difficult. Sam, at one time, admitted that he didn’t’ know an “adverb from a proverb.” He was most appreciative of an encouraging and dedicated English teacher, who volunteered to tutor him.

Sam was active in student activities at UC including being vice president of his class and a member of Pi Kapa Alpha Fraternity. It was during the school year of 1955-56 that he met Carolyn Lowe, a freshman. After considering several job offers, he decided to enroll in the University of Tennessee College of Law in September, 1958.

He was a year-round law student and graduated in December, 1960. During law school, he was involved in the activities of the Phi Alpha Delta Legal Fraternity and the Student Bar Association, serving as vice president. Since his G.I. bill had run out, Sam worked various part-time jobs. It was said he worked part-time full-time. While in law school he and Carolyn had their second child, a son.

Upon returning to Chattanooga after graduation, he was first employed by the law firm of Kefauver, Duggan & McDonald. Kefauver was serving in the U.S. Senate at that time. He was later a partner in the law firm of Bean, Payne & Phillips. In 1966, he joined with Judge Clarence Shattuck to form the law firm of Shattuck & Payne where he practiced law until his election in 1974 to Circuit Court Judge of Division II of the Eleventh Judicial District of Tennessee. He served in this position for 32 years until his retirement in 2006, having been reelected in 1982, 1990 and 1998.

Judge Payne was a member of the Tennessee Bar Association and the Chattanooga Bar Association. He was a member of the American Judicature Society, Chattanooga Trial Lawyers Association, and the Tennessee Trial Lawyers Association. Judge Payne was a member of the Fellows of the Chattanooga Bar Association which honors lawyers who have outstanding records of service to the Bar and the Community. He served as Assistant County Attorney, representing Hamilton County for eight years. He was on the original Board of Trustees and served as Chairman of the Chattanooga Legal Aid Society. Judge Payne was a member of the Tennessee Judicial Conference and served on the ad hoc Compensation Committee. He was also a member of the “Records Commission of Hamilton County” by appointment of the County Executive.

Coming from different denominational backgrounds Sam and Carolyn joined St. Peter’s Episcopal Church where he served in various roles, including Sunday School teacher, Vestry Member, Senior Warden, Lay Reader and Chalice Bearer. He also served on St. Peter’s Kindergarten Board and Vice President of the Hamilton County Episcopal Commissions. After four years of supervised study, he passed canonical examinations and was ordained as a Deacon on June 25, 1978. After one year, he was ordained as a Priest on June 10, 1979, and served as Curate of St. Peter’s Episcopal Church until June 1994. In 1994, he began service as an assistant rector at St. Paul’s Episcopal until his retirement in 2013.

Upon learning to play a guitar, mainly self-taught, he and Carolyn, along with Jerry Mowery, founded a musical group they called Jerry & the Judge & the Jury (JJJ group). For approximately 10 years they played in churches, nursing and assisted living homes and other venues throughout the Chattanooga area. They played many old time gospel songs and invited the audiences to join the singing-inspirational not only to the audience but also to the band.

On the other hand, Sam was not one to avoid a confrontational situation, verbal or otherwise. And it was such a situation that prompted the headline “Streetfighter.” Driving home one afternoon, Judge Payne observed two men assaulting another. Thinking a carjacking was occurring he stopped. As he approached the vehicle one man started to jump out as if to attack Sam. He slammed the door on that assailant causing him to withdraw and the other began running. Sam takes off after him. After several blocks, the man stops and gives up. Sam walked him back to the scene and police are there and both men are arrested. One of the officers later stated that the defendant said “I thought I could outrun the guy, but I looked back and that old man was right behind me, not even breathing hard.”

Sam loved working with people and that is one of the main reasons he preferred serving in Circuit Court (even though on a couple of occasions he had an opportunity to be appointed to an appellate court).. And that love was involved in his call to the priesthood. He was an encourager and a counselor. As a lawyer, he played a part in reconciling many couples on the verge of divorce. As a priest, he counseled many couples getting married (incidentally, he holds the record in Hamilton County for marriages- 2202). Also, he has counseled many families upon the death of a loved one or other difficulties.

As a Judge, his advice from the bench has served to counsel many litigants. Recently, I had a person tell me that “what Judge Payne told me in court got my attention and straightened me out.” It is true, though, that on some occasions attorneys felt that his ruling and advice (counseling) could be “forceful” to say the least.

Judge Payne many times used his own personal experiences to encourage others, especially young people. As mentioned earlier, Sam joined the Air Force at age 16 – in effect, a high school dropout. It was in law school when Sam told several of us, “I bet I’m the only one here without a high school diploma.” He humbly used this personal experience to let many young people know “you can do better despite earlier mistakes in life.”

Sam served Hamilton County and Chattanooga in many varied roles throughout his life. These roles included serving on the first athletic council for the University of Tennessee at Chattanooga, and as a board member of the UC Foundation. He also served as a member of the Board of Management of the Metropolitan YMCA where he was an active member for over 70 years; Vice President of St. Barnabas Apartments and St. Barnabas Nursing Home; Treasurer and Chairman of the Board of TEAM Evaluation Center; Advisory Committee for the Cub Scouts; board member of Family & Children’s Services, CADAS (Council for Alcohol and Drug Abuse), the Neighborhood Residential Center, Orange Grove, and Crime Stoppers. He was also a member of the American Legion and the Veterans of Foreign Wars.

In 1978 Judge Payne was tapped into Alpha Society University of Tennessee at Chattanooga as a distinguished alumnus. He received the Distinguished Alumni Award from the University of Tennessee at Chattanooga in November 1996. In 2004 Judge Payne received the Ralph Kelley Humanitarian Award from the Chattanooga Bar Association for service to the community.

Sam loved his family and spoke often about the wonderful and cherished times with them. He leaves his wife of 62 years, Carolyn Lowe Payne, his three children, daughters Sharon (George) Hamrick and Dana Busé, and son Dr. Samuel Houston (Martha) Payne, Jr., eight grandchildren, Katie (Thomas) Wood, Tyler Hamrick, Payne Busé, Jack Busé, Sam Payne, Matt Payne, Emma Payne and Ian Payne. He is also survived by two sisters, Jamie Alday and Pat (Lynn) Panter, sister-in-law Ethel Walker of Richmond, VA and sister-in-law and brother-in-law Dan and Shirley Page of Fort Meyers, Florida.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that The Honorable and Reverend Samuel H. Payne’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Chancellor Howell N. Peoples

As prepared and presented by Honorable Jacqueline S. Bolton

Howell N. Peoples was born on September 22, 1942, in Knoxville, Tennessee. He was the only child of Clifford and Helen Peoples.

He attended Claxton Elementary School through fourth grade. His family moved to Clinton, Tennessee, and he attended Clinton schools until his graduation from high school in 1960. He entered the University of Tennessee and received a Bachelor of Science in Business Administration in 1964 and a Juris Doctorate in December 1966. He was a member of the Pride of the Southland Band while attending the University. He worked as a night clerk at the Knox County General Sessions Court while in law school.

Howell loved the law. The more challenging a case, the more he was involved. He was admitted to the Tennessee Bar in March 1967 and began practicing with Joe Magill in Clinton. In 1969, he became the senior staff attorney at the University of Tennessee Legal Clinic, supervising law students and providing legal services to indigent persons. In 1972, he became Executive Director of the Legal Aid Society of Chattanooga. Chancellors Herschel P. Franks and Wilkes T. Thrasher Jr. appointed him Clerk and Master of Hamilton County in March 1975. He was then appointed Chancellor of Chancery Court in May 1978, and served in that position until his retirement in March 2010. By designation of the Chief Justice of Tennessee, he also served as Special Judge on the Tennessee Court of Appeals and the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court. He was known by lawyers for using the position of his glasses for communicating the merits of their case to attorneys while listening to a case. After his retirement from the bench, Chancellor Peoples joined the law firm of Miller and Martin for a brief period.

In an interview, he said he not only found his work as Chancellor for 32 years tremendously rewarding, he also loved doing it. “It’s a great position because every day is different. I also get to work with wonderful people. The lawyers in this community are excellent and make it a pleasure to go to court.” He was a member of the Tennessee Judicial Conference, Tennessee Bar Association, Chattanooga Bar Association, Tennessee Bar Foundation, Chattanooga Bar Foundation, American Inns of Court, Tennessee Judicial Evaluation Commission (2003-2009) and the Chattanooga Civilian Club, where he served a president from 1987 to 1988. He was inducted into the Pro Bono Hall of Fame in 2016.

Howell was a good and honorable man. He was wise and had extraordinary common sense. He had a wonderful sense of humor with a pinch of mischief. He loved people, his community and his profession. Most of all, he loved Linda; his sons, Chris and Cameron; his daughter-in law, Laura; and his twin grandchildren, Emily and Connor.

For many young lawyers, Howell was a Chancellor, a father figure, a counselor, and a mentor. He had a serious but gracious judicial demeanor. He once observed in his courtroom an upset litigant and said something kind to her. Unfortunately, it was not my client.

He loved the water and fishing. Originally, Linda was his fishing partner. Eventually, his sons would fish with him, then his grandchildren. His face would light up when they were with him. He made sure they hooked a fish — not each other. He would often come home from work and get in the boat to go out on the lake, not to fish as much as to just relax. He enjoyed traveling. The best trip was in 2018, when he traveled to Chattanooga to watch proudly as Emily graduated from GPS and Connor graduated from Baylor.

Howell was a rabid Tennessee Vol fan, football and basketball. He was good natured when two Georgia grad Judges would remind him of a Georgia win in his court on Monday morning (often).

No memorial to Howell would be complete without a Tom Williams tale. Tom says they were out on Blue Thunder fishing one day and Tom told Howell he was going to speed up, whereupon, when Tom sped up, Howell was standing and did a complete flip, as in 360. The outboard engine saved him from drowning. He listened to Tom the next time, but never in court.

He looked forward to and enjoyed his lunches with the “boys.” The stories told were embellished and laughs were shared by the group.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Chancellor Howell N. People’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Brenda Gail Siniard

As prepared and presented by Ardena Garth

Brenda Gail Siniard, 61, a lifelong resident of Chattanooga passed away unexpectedly at her residence after a lengthy illness on Sunday July 29, 2018.

She was preceded in death by her father, Hugh Siniard. She was a graduate of Brainerd High School class of 1975, a graduate of UTC in 1980, and received her Doctorate of Jurisprudence from the Vanderbilt School of Law. She was associated with Shoemaker and Thompson Law Firm for several years before starting her own practice. Brenda was also a licensed Real Estate Agent.

Left behind to cherish Brenda’s memory are her mother, Joyce H. Siniard, Chattanooga, brother, Mark (Elaine) Siniard, Chattanooga, sister, Debra (Andrew) Stinnett, Denver, CO., nieces and nephews, Wesley and Caroline Siniard, Andrew Stinnett, Zachary (Emily) Stinnett, great-nephew, River Stinnett, and several cousins.

A Celebration of Brenda’s Life will be held in the East Chapel of Chattanooga Funeral Home at a date to be determined. In lieu of flowers the family requests that memorial contributions be made in Brenda’s memory to either the McKamey Animal Center, 4500 N Access Rd, Chattanooga, TN 37415 or to the Maryellen Locher Foundation, 2444 Broad St, Chattanooga, TN 37408. Arrangements are under the care of Chattanooga Funeral Home Crematory and Florist East Chapel, 404 South Moore Rd. East Ridge, TN 37412.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8th day of March, 2019, that Brenda Gail Siniard’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Memorial to

Honorable Robert Murray Summitt

As prepared and presented by Virginia Ann Sharber

My father, the Honorable Robert Murray Summitt, was born Jan. 14, 1924, on a farm in Sweetwater, Tennessee. The fourth of five children, he was educated in the Monroe County public schools. Following graduation from Sweetwater High School in 1942, Dad joined the war effort serving in the Naval Aviation and Army Infantry, and earning a Medal of Meritorious Service. Military service remained of importance to him even after the war and he had a long tenure in the Air Force Reserve, retiring as a Lieutenant Colonel.

Following the war, he did his undergraduate studies on the GI bill at the University of Tennessee in Knoxville, where he was a member of Sigma Alpha Epsilon, and graduated from the University of Tennessee School of Law in 1949. Upon graduation, he moved to Chattanooga to begin his law career with fellow Monroe County native and mentor Estes Kefauver. Dad worked as an associate with the law firm of Spears, Reynolds, Moore and Rebman. In 1956, he formed the firm Cunningham, Crutchfield and Summitt and then in 1963 co-founded Coffey and Summitt, where he was joined by law partner and friend, Tom O’Neal, in 1965.

In addition to his private practice, Dad was the Hamilton County attorney for 11 years, was the attorney for the Hamilton County School Board, and served for almost 10 years as Hamilton County Coroner and even briefly as Hamilton County Sheriff.

In 1964, Dad won the Democratic nomination for the U.S. House of Representatives for the 3rd district of Tennessee. He lost in a close race in the general election, but while campaigning, got to meet Presidents Kennedy and Johnson and ride on Air Force One.

In 1968, Governor Buford Ellington appointed Dad to an opening on the bench of the First Division, Eleventh Judicial District of Tennessee. He was elected to a full eight-year term in 1974 and re-elected in 1982 and 1990 before retiring in 1998.

Dad was honored to serve as a judge, always listening closely to all sides of a disputed issue and carefully explaining to jurors the seriousness with which they needed to take their responsibility. He especially enjoyed welcoming and mentoring the newest members of the litigation bar to the practice of law.

During his years on the bench, Dad served as President of the Tennessee Judicial Conference, Chair of the National Conference of State Trial Judges, as a member of the house of Delegates for the American Bar Association, faculty of the National Judicial College, and was appointed by the Tennessee Supreme Court to the Court of Judiciary.

Dad also was committed to community service. He was Chairman of the Cherokee Area Council of the Boys Scouts, past State Commander and on the National Executive Committee of the American Legion, President of the Chattanooga Armed Forces Celebration, and President of the Sons of the American Revolution. He sat on the UTC Advisory Board and the board of the Tennessee River Gorge Trust and was a member of the board of the Salvation Army for over 60 years. He was a long-time member of the Downtown Rotary Club, a 33rd Degree Mason, a member of York and Scottish Rites, and a life member of Alhambra Temple.

He received numerous accolades for his commitment to his community, from the Jaycee’s Young Man of the Year in 1959 to the Tennessee Bar Association’s award for exceptional service in 2011. In addition, he received the Boy Scouts’ Silver Beaver Award, the Sertoma Club’s National Heritage Award, and the Chattanooga Bar Association’s Ralph H. Kelly Humanitarian Award.

Dad was a long-time member of First Centenary United Methodist Church where he served as a School teacher and on the Board of Trustees.

He was a life-long learner, routinely auditing classes at UTC up until just a few years ago. I still remember one of my former law partners expressing some astonishment to me (and probably some intimidation) that the student roster for the Constitution Law class he was about to teach at UTC included the name of Judge Robert M. Summitt.

Dad passed away peacefully at home on June 16, 2018, having squeezed a lot of living out of his 94 years. He was preceded in death by his wife Florence Varnell Summitt with whom he shared 46 years of marriage. He was an incredible life partner to Mom and a wonderful father to me, my sister Laura and my brothers Robert Jr. and Martin. He warmly welcomed into the family my husband Hugh, Laura’s husband Doug and Martin’s wife Meghan and was incredibly proud of his grandchildren Kate, Meg and Evan Sharber and his wife Erica, and Sarah, Margaret and Charlie Summitt.

Dad was a loving son and brother, husband, father, grandfather and friend. He was determined and principled. Never shy about asking questions to get to know someone better or in offering his thoughts or suggestions, Dad was a man who never met a stranger and a life-long learner. He was empathetic and apt to form relationships, not because of some useful expediency, but because he had a genuine interest in other people’s lives and perspectives, frequently using his many talents to make a positive difference in their lives.

I always thought how fitting the “your honor” title was for my dad. He was very intentional about living an honorable life, believing in always treating everyone fairly and with respect. Through his service in the military, his legal and judicial career, his many volunteer commitments and his devotion to church and family, I believe the life he lived truly made our community a better place for everyone.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 8^th day of March, 2019, that Honorable Robert M. Summitt’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

Steven M. Jacoway, President

Chattanooga Bar Association | The Pioneer Building | Suite 420 | 801 Broad Street | Chattanooga, TN 37402

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