§ 32-4-103. Contest in Forma Pauperis
Persons may be permitted to have an issue made upon any will, either as plaintiffs or defendants, in the form prescribed for paupers. Code 1858, § 2176 (deriv. Acts 1851-1852, ch. 77, § 3); Shan., § 3908; Code 1932, § 8106; T.C.A. (orig. ed.), § 32-404.
§ 32-4-104. Issues — When and How Made Up — When Triable
After the filing of the certificate of the contest and the original will, in the office of the clerk of the appropriate court for trial, pursuant to § 32-4-101(2), an issue or issues shall be made up, under the direction of the court, to try the validity of the will. Code 1858, § 2177 (deriv. […]
§ 32-4-105. Proof of Will
Upon the trial of the issue in case of a written will with witnesses, it shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it. Code 1858, § 2178 (deriv. Acts 1789, ch. 23, § 1); Shan., § 3910; Code 1932, […]
§ 32-4-106. Original Will Lost
If the original will is lost or mislaid so that it cannot be produced on the trial of the issue, but the paper has been copied into the pleadings, or spread upon the minutes of the court, the court may proceed with the trial of the issue in the same manner as if the original […]
§ 32-4-107. Trial by Jury — Certification to Probate Court
The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established. If the issue was tried upon a copy of the […]
§ 32-4-108. Statute of Limitations
All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen […]
§ 32-4-109. Trials Upon Validity of Wills — Jurisdiction of Courts
Any court of record that has probate jurisdiction, whether a chancery court or other court of record established by private or public act, has concurrent jurisdiction with the circuit court to conduct a trial upon the validity of a will, in the manner and to the extent prescribed in this chapter. Notwithstanding law to the […]
§ 32-4-101. Certificate That Will Is Contested — Contestant’s Bond
If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant’s right to contest the will. If the right to contest the will is sustained, then the court must: Require the […]
§ 32-4-102. Bond of Legatee or Devisee
If the legatees or devisees, or any of them, are adults, and have notice that the probate of the will is contested, the court shall require them to enter into bond, with surety, in the penal sum of five hundred dollars ($500), conditioned for the faithful prosecution of the suit, and, in case of failure […]