§ 32-2-110. Affidavit of Witnesses to Prove Will
Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator’s death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the […]
§ 32-2-111. Admission to Probate for Establishing a Muniment of Title to Real Estate and Personal Property
Regardless of the date of the person’s death and any limitation on the time for admitting a will for probate, any will when duly proven, whether of a resident or nonresident decedent, may be admitted to probate for the limited purpose of establishing a muniment of title to real estate and personal property, without the […]
§ 32-3-101. Operation of Will
A will shall be construed, in reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, and shall convey all the real estate belonging to the testator, or in which the testator had any interest at the […]
§ 32-3-102. Devise of Land
Every devise shall convey the entire estate of the testator in the lands, unless the contrary intent plainly appear from the words and context of the will. Code 1858, § 2164 (deriv. Acts 1784 (Apr.), ch. 22, § 12); Shan., § 3897; Code 1932, § 8091; T.C.A. (orig. ed.), § 32-302.
§ 32-3-103. Pretermitted Child
A child born after the making of a will, either before or after the death of the testator, inclusive of a mother-testator, not provided for nor disinherited, but only pretermitted, in the will, and not provided for by settlement made by the testator in the testator’s lifetime, shall succeed to the same portion of the […]
§ 32-3-104. Death of Class Member Before Time of Enjoyment
Where a bequest, devise, conveyance, transfer or gift is made to a class of persons subject to fluctuation by increase or diminution of its number in consequence of future births or deaths, and the time of payment, distribution, vestiture or enjoyment is fixed at a subsequent period or on the happening of a future event, […]
§ 32-3-105. Death of Devisee or Legatee Before Death of Testator
Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee […]
§ 32-3-106. Testamentary Additions to Trusts
A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons […]
§ 32-3-107. Contracts to Make or Revoke Wills
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate can be established only by: Provisions of a will stating material provisions of the contract; An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or A […]
§ 32-2-109. Original — When to Be Produced
When any fraud is suggested to have been committed in the drawing or obtaining of any last will, or any irregularity in the executing or attestation of the will, the party making the suggestion may insist upon the original will being produced to the court, if the original is to be found. The court, wherever […]