If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, the instrument may be proved for registration before any clerk of a court of record in any of the states or territories, or before a commissioner for Tennessee, appointed by the governor, in […]
If the subscribing witnesses reside or are within the state, they shall appear before the clerk or deputy clerk of the county where it is proposed to prove the instrument. Code 1858, § 2048 (deriv. Acts 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Shan., § 3723; mod. Code 1932, § 7638; […]
If only one (1) of the subscribing witnesses resides within the state, that witness may prove the execution of the instrument, the handwriting of the other witness or witnesses being proved by some other person. Code 1858, § 2049 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3724; Code 1932, § 7639; T.C.A. (orig. […]
If all the subscribing witnesses are dead, insane, blind, or deaf and dumb, except one (1), that witness may prove the execution of the instrument before the clerk or deputy clerk of the county, the handwriting of the other witness being proved by some other person. Code 1858, § 2055 (deriv. Acts 1831, ch. 90, […]
If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument. Code 1858, § 2053 (deriv. Acts 1839-1840, ch. 26, § 5); Shan., § 3728; Code 1932, § 7643; T.C.A. (orig. […]
If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed the same. Code 1858, § 2052 […]
If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwriting of the person who executed the same, […]
When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant […]
The subpoena provided for in § 66-23-108 shall command the officer to summon the witnesses to appear before the clerk at the clerk’s office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a penalty of two hundred dollars ($200), to be […]
The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following: For each day’s attendance, seventy-five cents (75¢); and For every thirty (30) miles traveling to and from the clerk’s office, seventy-five cents (75¢); provided, that no mileage shall be allowed a witness who resides […]
Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each witness. Code 1858, § 2063 […]
Should any witness, summoned as provided in § 66-23-108, fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned. Code 1858, § 2064 (deriv. Acts 1833, ch. 92, § 10); Shan., § 3741; Code 1932, […]
If the sheriff fails or refuses to serve a subpoena for witnesses in such case, the sheriff shall be liable to a like action for damages, but not unless the sheriff’s fees are tendered or paid. Code 1858, § 2065 (deriv. Acts 1833, ch. 92, § 12); Shan., § 3742; Code 1932, § 7657; T.C.A. […]
If all the subscribing witnesses are dead, insane, blind, or deaf and dumb, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same. Code 1858, § 2054 (deriv. Acts 1831, ch. 90, § 10); Shan., […]
If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf and dumb, since they became subscribing witnesses, or they cannot be found, then the instrument may be proven for […]
When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker’s handwriting, or the handwriting of a nonresident or deceased witness. Code 1858, § […]
If the subscribing witnesses appear before the clerk or deputy clerk of any county of the state, and prove the facts necessary to authenticate the instrument, the clerk shall write on the back or some other part of the instrument the following certificate: State of Tennessee )County of ) Personally appeared […]
The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter. Code 1858, § 2066; Shan., § 3743; Code 1932, § 7658; T.C.A. (orig. ed.), § 64-2318.
If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by the […]
If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken. Code 1858, § 2068; Shan., § 3745; Code 1932, § 7660; T.C.A. (orig. ed.), § 64-2320.
