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A104 | I am making a list of items that I would like to go to specific persons that is attached to this Will. | The list was signed and dated by the testator, and the descriptions of the items and the devisees were reasonably certain. | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 1 |
A104 | I am making a list of items that I would like to go to specific persons that is attached to this Will. | The list was not dated. | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 0 |
A104 | I am making a list of items that I would like to go to specific persons that is attached to this Will. | The list was not handwritten nor signed by the testator. | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 0 |
A104 | I am making a list of items that I would like to go to specific persons that is attached to this Will. | Descriptions of the items were not certain. | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 0 |
A104 | I am making a list of items that I would like to go to specific persons that is attached to this Will. | The list was signed and dated by the testator, and the descriptions of the items and the devisees were reasonably certain. | 31-2-105. Establishment of parent-child relationship to determine succession.
(a) If, for purposes of inheritance under a will or trust or by intestate succession or contract, a relationship of parent and child must be established to determine succession by, through, or from a person:
(1) An adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent; and
(2) In cases not covered by subdivision (a)(1), a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
(A) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
(B)
(i) The paternity is established by adjudication before the death of the father or is established thereafter by clear and convincing proof, but only if an assertion of paternity is made that seeks the adjudication within the earlier of:
(a) The period prescribed in the notice published or posted in accordance with § 30-2-306; or
(b) One (1) year after the father's death;
(ii) The paternity established under this subdivision (a)(2)(B) is ineffective to qualify the father or the father's kindred to inherit from or through the child unless the father has openly treated the child as the father's, and has not refused to support the child.
(b) In no event is a parent permitted to inherit through intestate succession or under a will or trust or by contract until all child support arrearages together with any interest owed, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive support or to the parent's estate if deceased.
(c) Nothing in this section prevents a child from inheriting from a parent through intestate succession. | 2 |
A29 | We the undersigned subscribing witnesses, do hereby
certify that we witnessed the foregoing Last Will and Testament
of [Person-1], at her request, in her presence and in the
presence of each other, and that she signed the same in our
presence, and in the presence of each of us, declaring the same
to be her Last Will and Testament. This 25 day of June, 1987. | One of the witnesses had a interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
A29 | We the undersigned subscribing witnesses, do hereby
certify that we witnessed the foregoing Last Will and Testament
of [Person-1], at her request, in her presence and in the
presence of each other, and that she signed the same in our
presence, and in the presence of each of us, declaring the same
to be her Last Will and Testament. This 25 day of June, 1987. | One out of the two witnesses was ineligible to serve according to Tennessee state law. |
32-1-103. Witnesses — Who may act.
(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
(b) No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two (2) disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the testator's death, what the interested witness would have received had the testator died intestate.
(c) No attesting witness is interested unless the will gives to the attesting witness some personal and beneficial interest. | 0 |
A29 | We the undersigned subscribing witnesses, do hereby
certify that we witnessed the foregoing Last Will and Testament
of [Person-1], at her request, in her presence and in the
presence of each other, and that she signed the same in our
presence, and in the presence of each of us, declaring the same
to be her Last Will and Testament. This 25 day of June, 1987. | One of the witnesses had a interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 62-10-102. Marking of plants.
Every laundry plant shall be plainly marked with a sign posted upon the building bearing the name of the laundry, if operated under a corporate or trade name, or the name of the proprietor. | 1 |
A29 | We the undersigned subscribing witnesses, do hereby
certify that we witnessed the foregoing Last Will and Testament
of [Person-1], at her request, in her presence and in the
presence of each other, and that she signed the same in our
presence, and in the presence of each of us, declaring the same
to be her Last Will and Testament. This 25 day of June, 1987. | One out of the two witnesses was ineligible to serve according to Tennessee state law. | 6-55-202. Tax suit — Jurisdiction.
It is lawful for any incorporated municipality to sue in the chancery court of the county in which it is located for taxes due the municipality upon real estate, whenever the taxes are past due and unpaid. The fact that the complaint contains the names of more than one (1) defendant shall not subject the complaint to an objection for misjoinder by reason of the distinct interests the several defendants have in the properties proceeded against. | 1 |
A29 | We the undersigned subscribing witnesses, do hereby
certify that we witnessed the foregoing Last Will and Testament
of [Person-1], at her request, in her presence and in the
presence of each other, and that she signed the same in our
presence, and in the presence of each of us, declaring the same
to be her Last Will and Testament. This 25 day of June, 1987. | One out of the two witnesses was ineligible to serve according to Tennessee state law. | 24-9-207. Award of attorney's fees and expenses.
If the court grants a motion to modify or quash a subpoena issued pursuant to this part, the court, in its discretion, may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena. A final order of the court awarding attorney's fees and expenses shall have the status of a judgment entitled to full faith and credit under the constitution of the United States. If the court sustains the subpoena as issued, the court in its discretion may award the prevailing party its reasonable attorney's fees and expenses. | 1 |
A43 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in
Lauderdale County, Tennessee, on this 15th day of June, 2001. | The testator signed his will while two witnesses were present. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
A43 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in
Lauderdale County, Tennessee, on this 15th day of June, 2001. | The testator signed his will while only one witness was present. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 0 |
A43 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in
Lauderdale County, Tennessee, on this 15th day of June, 2001. | The testator signed his will while two witnesses were present. | 22-2-306. Juror Summons — Contents.
(a) Each juror summons shall include the following:
(1) Name of the juror;
(2) Address of the juror;
(3) Date, time and place juror is required to appear in response to the summons or, in the alternative, date and method by which the juror is required to contact the jury coordinator or otherwise respond to the court regarding the juror's service;
(4) Penalty for juror's failure to appear or otherwise respond to the summons in the prescribed manner;
(5) Juror qualifications listed in §§ 22-1-101 and 22-1-102;
(6) Process by which the juror may request to be excused due to age or a hardship pursuant to § 22-1-103, including the juror's obligation to submit documentation or a declaration in support of the juror's request and the availability of declaration forms; and
(7) Process by which the juror may request a postponement of jury service pursuant to § 22-2-315.
(b) The administrative office of the courts shall prepare a form juror summons that may be used by the jury coordinator in any county. | 2 |
A43 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in
Lauderdale County, Tennessee, on this 15th day of June, 2001. | The testator signed his will while only one witness was present. | 37-2-404. Progress report to court or review board — Review of permanency plan.
(a) In addition to the plan required in § 37-2-403, the department or agency shall submit to the appropriate court or foster care review board a report for each child in its foster care on progress made in achieving the goals set out in the plan. Such reports shall be prepared by the department or agency having custody of the child within ninety (90) days of the date of foster care placement and no less frequently than every six (6) months thereafter for so long as the child remains in foster care. At the time the progress report is provided to the court or foster care review board, the department or agency shall also provide a copy of the report to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, and the child who is a party to the proceeding. | 2 |
A43 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in
Lauderdale County, Tennessee, on this 15th day of June, 2001. | The testator signed his will while two witnesses were present. | 43-1-109. Primary inspection agency for grist mills.
The department of agriculture, in its role as the primary food manufacturing inspection agency for this state, shall be the primary inspection agency for grist mills that are located in this state. | 2 |
A97 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and
wheresoever situated, including but not limited to my house
and lot, all contents of my house, any automobile I have at
the time of my death, and any other property I own, to my
niece, [Person-2] of [Address-2]. | There was no surviving spouse nor unmarried minor children of testator, and no beneficiaries listed in the will have murdered the testator. Also, a contrary intention was not manifest during the testator's lifetime. | 32-3-111. Specifically devised or bequeathed property.
(a) A specific legatee or devisee has a right to the specifically gifted or devised property in the testator's estate at death or if the property has been disposed of and a contrary intention is not manifest during the testator's lifetime:
(1) Any balance of the purchase price, together with any security interest, owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and
(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation. | 1 |
A97 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and
wheresoever situated, including but not limited to my house
and lot, all contents of my house, any automobile I have at
the time of my death, and any other property I own, to my
niece, [Person-2] of [Address-2]. | There was a surviving spouse of testator, and he/she elected against the testator's will. | 30-2-101. Right of surviving spouse and minor children to specific property.
(a)
(1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000):
(A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and
(B) A motor vehicle or vehicles not used primarily in a trade or business.
(2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.
(b) Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop.
(c) The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed.
(d) Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102. | 0 |
A97 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and
wheresoever situated, including but not limited to my house
and lot, all contents of my house, any automobile I have at
the time of my death, and any other property I own, to my
niece, [Person-2] of [Address-2]. | There was no surviving spouse nor unmarried minor children of testator, and no beneficiaries listed in the will have murdered the testator. Also, a contrary intention was not manifest during the testator's lifetime. | 24-8-107. Intervention by true owner.
If the actual holder of such lost instrument brings an action thereon after the lost instrument has been recovered in accordance with this chapter, the true owner may intervene and defend the action. | 2 |
A97 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and
wheresoever situated, including but not limited to my house
and lot, all contents of my house, any automobile I have at
the time of my death, and any other property I own, to my
niece, [Person-2] of [Address-2]. | There was a surviving spouse of testator, and he/she elected against the testator's will. | 27-9-109. Transcript of proceedings.
(a) Immediately upon the grant of a writ, the board or commission shall cause to be made, certified and forwarded to such court a complete transcript of the proceedings in the cause, containing also all the proof submitted before the board or commission.
(b) The clerk of such court shall promptly, by registered return-receipt mail, notify each party named as defendant in the petition of the filing of such transcript. | 2 |
A97 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and
wheresoever situated, including but not limited to my house
and lot, all contents of my house, any automobile I have at
the time of my death, and any other property I own, to my
niece, [Person-2] of [Address-2]. | There was a surviving spouse of testator, and he/she elected against the testator's will. | 34-2-103. Priority of persons to be considered.
Subject to the court's determination of what is in the best interests of the minor, the court shall consider the following persons in the order listed for appointment of the guardian:
(1) The parent or parents of the minor;
(2) The person or persons designated by the parent or parents in a will or other written document;
(3) Adult siblings of the minor;
(4) Closest relative or relatives of the minor; and
(5) Other person or persons. | 2 |
A14 | I, [Person-1], an adult resident citizen of Lauderdale
County, Tennessee, being of sound and disposing mind, memory and
understanding, do hereby make, declare and publish this
instrument as my Last Will and Testament, expressly revoking any
and all testamentary dispositions heretofore made by me. | The testator was an adult (over 18 years old) and was being of sound mind and disposing memory when making the will. | Tenn. Code Ann. § 32-1-102
Any person of sound mind eighteen (18) years of age or older may make a will. | 1 |
A14 | I, [Person-1], an adult resident citizen of Lauderdale
County, Tennessee, being of sound and disposing mind, memory and
understanding, do hereby make, declare and publish this
instrument as my Last Will and Testament, expressly revoking any
and all testamentary dispositions heretofore made by me. | The testator was not being of sound mind and disposing memory when making the will. | Tenn. Code Ann. § 32-1-102
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
A14 | I, [Person-1], an adult resident citizen of Lauderdale
County, Tennessee, being of sound and disposing mind, memory and
understanding, do hereby make, declare and publish this
instrument as my Last Will and Testament, expressly revoking any
and all testamentary dispositions heretofore made by me. | This document satisfies all legal requirements as a will and thus constitutes as a legitimate will. | Tenn. Code Ann. § 32-1-201
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency; | 1 |
A14 | I, [Person-1], an adult resident citizen of Lauderdale
County, Tennessee, being of sound and disposing mind, memory and
understanding, do hereby make, declare and publish this
instrument as my Last Will and Testament, expressly revoking any
and all testamentary dispositions heretofore made by me. | This document did not satisfy the legal requirements as a will. | Tenn. Code Ann. § 32-1-201
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency; | 0 |
A14 | I, [Person-1], an adult resident citizen of Lauderdale
County, Tennessee, being of sound and disposing mind, memory and
understanding, do hereby make, declare and publish this
instrument as my Last Will and Testament, expressly revoking any
and all testamentary dispositions heretofore made by me. | The testator was an adult (over 18 years old) and was being of sound mind and disposing memory when making the will. | 36-6-306. Grandparents' visitation rights.
(a) Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit, chancery, general sessions courts with domestic relations jurisdiction, other courts with domestic relations jurisdiction or juvenile court in matters involving children born out of wedlock of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian:
(1) The father or mother of an unmarried minor child is deceased;
(2) The child's father or mother are divorced, legally separated, or were never married to each other;
(3) The child's father or mother has been missing for not less than six (6) months;
(4) The court of another state has ordered grandparent visitation;
(5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or
(6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child. | 2 |
A74 | IN TESTIMONY WHEREOF, I have hereunto subscribed my name to
this my Last Will and Testament, consisting of this and one additi-
onal page, and for the purpose of identification I have signed
the additional page all in the presence of the persons witnessing
it at my request on this the 11 day of July 1985. | The testator signed his/her will while two witnesses were present. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
A74 | IN TESTIMONY WHEREOF, I have hereunto subscribed my name to
this my Last Will and Testament, consisting of this and one additi-
onal page, and for the purpose of identification I have signed
the additional page all in the presence of the persons witnessing
it at my request on this the 11 day of July 1985. | One of the two attesting witnesses were unable to act as a witness, according to Tennessee law. |
32-1-103. Witnesses — Who may act.
(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 0 |
A74 | IN TESTIMONY WHEREOF, I have hereunto subscribed my name to
this my Last Will and Testament, consisting of this and one additi-
onal page, and for the purpose of identification I have signed
the additional page all in the presence of the persons witnessing
it at my request on this the 11 day of July 1985. | The testator signed his/her will while two witnesses were present. | 56-17-104. Cancellation by members.
(a) A member has the right to cancel membership in a plan within thirty (30) days of joining the plan and has the right to have refunded membership fees paid during that initial membership, except for a one-time nominal processing fee.
(b) After the initial thirty-day membership period, a member has the right to cancel membership, in accordance with the policies established by the operator. An operator must provide information concerning the cancellation policy to the member at the time of the initial membership and cannot change the cancellation policy unless the operator provides the member with written notice at least thirty (30) days prior to the date the change takes effect. | 2 |
A74 | IN TESTIMONY WHEREOF, I have hereunto subscribed my name to
this my Last Will and Testament, consisting of this and one additi-
onal page, and for the purpose of identification I have signed
the additional page all in the presence of the persons witnessing
it at my request on this the 11 day of July 1985. | One of the two attesting witnesses were unable to act as a witness, according to Tennessee law. | 46-7-101. Legislative intent.
(a) The general assembly recognizes that the operation of a cemetery is a public purpose and further recognizes that the proper maintenance of a cemetery or burial grounds, whether private or public, is in the interest of the public health and safety serving a valid public purpose.
(b) A trust created for the perpetual care or improvement of a cemetery or graves lessens the burden of government and, therefore, is found and declared to be a charitable trust. To that end, the general assembly declares its support for the establishment and formation of a trust corporation to act as trustee of a charitable trust for the perpetual care of private cemeteries. | 2 |
A74 | IN TESTIMONY WHEREOF, I have hereunto subscribed my name to
this my Last Will and Testament, consisting of this and one additi-
onal page, and for the purpose of identification I have signed
the additional page all in the presence of the persons witnessing
it at my request on this the 11 day of July 1985. | The testator signed his/her will while two witnesses were present. | 11-4-505. Commitment of funds to compact.
It is unlawful for the compact administrator or the director's representative, and/or the members of the Southeastern Interstate Forest Fire Protection Compact advisory committee representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee. | 2 |
A41 | All the rest and residue of my property, including but not limited to,
any certificates of deposit I own at my death, I will and bequeath to my daughter, [Person-9]. | There was no surviving spouse of testator, and no beneficiaries listed in the will have murdered the testator. Also, a contrary intention was not manifest during the testator's lifetime. | 32-3-111. Specifically devised or bequeathed property.
(a) A specific legatee or devisee has a right to the specifically gifted or devised property in the testator's estate at death or if the property has been disposed of and a contrary intention is not manifest during the testator's lifetime:
(1) Any balance of the purchase price, together with any security interest, owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and
(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation. | 1 |
A41 | All the rest and residue of my property, including but not limited to,
any certificates of deposit I own at my death, I will and bequeath to my daughter, [Person-9]. | The daughter was dead at the time of the testator's death. | 32-3-105. Death of devisee or legatee before death of testator.
(a) 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 or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.
(b) Subsection (a) shall apply also to a revocable (living) trust that became irrevocable upon the death of its settlor or grantor. The surviving issue of a beneficiary who predeceased a settlor or grantor shall take the trust interest the beneficiary would have received had the beneficiary survived the settlor or grantor, unless the trust agreement provides otherwise. | 0 |
A41 | All the rest and residue of my property, including but not limited to,
any certificates of deposit I own at my death, I will and bequeath to my daughter, [Person-9]. | There was no surviving spouse of testator, and no beneficiaries listed in the will have murdered the testator. Also, a contrary intention was not manifest during the testator's lifetime. | 27-5-108. Appeal from general sessions court.
(a)
(1) Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter.
(2) In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party.
(b) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.
(c) Any appeal shall be heard de novo in the circuit court.
(d) If no appeal is taken within the time provided, then execution may issue. | 2 |
A41 | All the rest and residue of my property, including but not limited to,
any certificates of deposit I own at my death, I will and bequeath to my daughter, [Person-9]. | The daughter was dead at the time of the testator's death. | 39-11-504. Duress.
(a) Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
(b) This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion. | 2 |
A41 | All the rest and residue of my property, including but not limited to,
any certificates of deposit I own at my death, I will and bequeath to my daughter, [Person-9]. | The daughter was dead at the time of the testator's death. | 62-2-505. Commencing examinations in other states.
(a) Upon proper application, the board may administer any part of the National Council of Architectural Registration Boards' examinations for candidates who have commenced the series of examinations in another state. Each such application shall be accompanied by an administration fee and endorsement by the architectural registration board of original application. Separate applications shall be filed for each year's examination.
(b) Upon proper application, the board may, at its discretion, credit to a candidate any of the prescribed parts of the National Council of Architectural Registration Boards' examinations successfully passed and properly attested to by another state or possession. The candidate may then take the remaining examination parts as set forth in this section, and, if successfully completed under its jurisdiction, may be registered by the board. The board will extend such transfer privileges only once to each applicant and may, at its discretion, accept transfer of grades only from the state of original application. | 2 |
A98 | I name, nominate and appoint my niece, [Person-2], Executor of this my will and estate, and direct that she be allowed to serve without bond. | The person named as an executor was eligible to serve as an executor and agreed to do so. | §32-3-110
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created | 1 |
A98 | I name, nominate and appoint my niece, [Person-2], Executor of this my will and estate, and direct that she be allowed to serve without bond. | The person named as an executor was under 18 years old. | §32-3-110
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created | 0 |
A98 | I name, nominate and appoint my niece, [Person-2], Executor of this my will and estate, and direct that she be allowed to serve without bond. | The person named as an executor was eligible to serve as an executor and agreed to do so. | 30-1-201. When bond required.
(a)
(1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
(A) The decedent by will excuses the personal representative from making bond;
(B) The personal representative and the sole beneficiary of the estate are the same person and the court approves;
(C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or
(D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005. | 1 |
A98 | I name, nominate and appoint my niece, [Person-2], Executor of this my will and estate, and direct that she be allowed to serve without bond. | The person named as an executor was under 18 years old. | 6-33-110. Deposits and disbursements of funds under cooperative agreements.
All money received pursuant to any such contract or cooperative action, under § 6-33-107 or § 6-33-108, unless otherwise provided by law, shall be deposited in the appropriate fund or funds and disbursed in accordance with such contract or cooperative action. | 2 |
A98 | I name, nominate and appoint my niece, [Person-2], Executor of this my will and estate, and direct that she be allowed to serve without bond. | The person named as an executor was eligible to serve as an executor and agreed to do so. | 32-3-103. Pretermitted child.
(a) 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 testator's estate as if the testator had died intestate.
(b) Toward raising the portion of such child, the devisees and legatees and other heirs shall contribute out of the parts devised, or bequeathed to, or settled upon them by the testator, in the proportion borne by their respective devises, legacies, or settlements to the whole estate of the testator. | 2 |
A68 | I, [Person-1], domiciled in Lauderdale County, Tennesse
do hereby make and publish this my Last Will and Testament, hereby
revoking all wills and codicils heretofore made by me. | The testator was an adult (over 18 years old) and was being of sound mind and disposing memory when making the will. | Tenn. Code Ann. § 32-1-102
Any person of sound mind eighteen (18) years of age or older may make a will. | 1 |
A68 | I, [Person-1], domiciled in Lauderdale County, Tennesse
do hereby make and publish this my Last Will and Testament, hereby
revoking all wills and codicils heretofore made by me. | The testator was not of sound mind when making this will. | Tenn. Code Ann. § 32-1-102
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
A68 | I, [Person-1], domiciled in Lauderdale County, Tennesse
do hereby make and publish this my Last Will and Testament, hereby
revoking all wills and codicils heretofore made by me. | This document satisfies all legal requirements as a will and thus constitutes as a legitimate will. | Tenn. Code Ann. § 32-1-201
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency; | 1 |
A68 | I, [Person-1], domiciled in Lauderdale County, Tennesse
do hereby make and publish this my Last Will and Testament, hereby
revoking all wills and codicils heretofore made by me. | This document did not satisfy the legal requirements as a will. | Tenn. Code Ann. § 32-1-201
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency; | 0 |
A68 | I, [Person-1], domiciled in Lauderdale County, Tennesse
do hereby make and publish this my Last Will and Testament, hereby
revoking all wills and codicils heretofore made by me. | This document did not satisfy the legal requirements as a will. | 15-1-102. Friday holidays — Optional suspension of Saturday business.
Whenever January 1, July 4 or December 25 falls on Friday, then any corporation, firm or individual shall, on the succeeding Saturday, have the privilege and option to suspend business activities completely or partially and shall not incur any liability for failure to exercise on such a Saturday all of the lawful functions authorized by law; provided, that nothing herein shall be construed to compel any corporation, firm or individual to suspend lawful business functions on such a Saturday, as it is optional whether this right is exercised. | 2 |
A64 | I name, nominate and appoint my wife, [Person-2], as
Executor of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was eligible to serve as an executor and agreed to do so. | §32-3-110
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created
| 1 |
A64 | I name, nominate and appoint my wife, [Person-2], as
Executor of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The testator and the wife were divorced at the time of the testator's death. | 32-1-202. Revocation by divorce or annulment.
(a) If after executing a will the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. | 0 |
A64 | I name, nominate and appoint my wife, [Person-2], as
Executor of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was eligible to serve as an executor and agreed to do so. | Tenn. Code Ann. 30-1-201. When bond required.
(a)
(1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
(A) The decedent by will excuses the personal representative from making bond;
30-2-301. Making inventory — Return — Notice to beneficiaries.
(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate. | 1 |
A64 | I name, nominate and appoint my wife, [Person-2], as
Executor of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The testator and the wife were divorced at the time of the testator's death. | 42-3-202. Agreement as to joint operation.
(a)
(1) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part.
(2) Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law.
(b) The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities and privileges jointly owned, prior to, or at such time as the property, facilities and privileges, or any part of the property, facilities and privileges, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient. | 2 |
A64 | I name, nominate and appoint my wife, [Person-2], as
Executor of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was eligible to serve as an executor and agreed to do so. | 22-1-105. Discharge of unqualified jurors — Reasonable or proper cause.
A court may discharge from service a grand or petit juror who does not possess the requisite qualifications, or who is disqualified from such service, or for any other reasonable or proper cause, to be judged by the court. That a state of mind exists on the juror's part that will prevent the juror from acting impartially shall constitute such cause. | 2 |
A105 | I name, nominate and appoint [Person-2] as Executrix of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was eligible to serve as an executor and agreed to do so. | §32-3-110
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created | 1 |
A105 | I name, nominate and appoint [Person-2] as Executrix of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was dead at the time of the death of the testator. | 30-1-101. Letters testamentary or of administration required.
No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary.
32-1-113. Mailing or delivery of will to personal representative or clerk of court.
(a) Any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of a decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death, and a photographic copy of the instrument shall be mailed or delivered to the clerk of the court having probate jurisdiction in the county of the decedent's residence.
(b)
(1) If the personal representative, or the personal representative's address, is not known, is deceased or is not eligible to serve;
(2) If the instrument does not name a personal representative;
(3) If the personal representative declines to serve; or
(4) If it appears that there is no estate that will require administration;
then the person having possession of the original instrument shall mail or deliver it to the clerk. | 0 |
A105 | I name, nominate and appoint [Person-2] as Executrix of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was eligible to serve as an executor and agreed to do so. | Tenn. Code Ann. 30-1-201. When bond required.
(a)
(1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
(A) The decedent by will excuses the personal representative from making bond;
30-2-301. Making inventory — Return — Notice to beneficiaries.
(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate. | 1 |
A105 | I name, nominate and appoint [Person-2] as Executrix of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was dead at the time of the death of the testator. | 39-12-205. Penalties.
(a) Any person convicted of engaging in activity in violation of this part commits a Class B felony and, upon conviction, shall be fined not more than two hundred fifty thousand dollars ($250,000) or sentenced to imprisonment from within Range II, unless the person qualifies for a higher range, or both.
(b)
(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2) For the purposes of subdivision (b)(1) “pecuniary value” means:
(A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or
(B) Any other property or service that has a value in excess of five hundred dollars ($500).
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).
(d) Any fine imposed pursuant to this section shall be fixed in accordance with § 40-35-301. | 2 |
A105 | I name, nominate and appoint [Person-2] as Executrix of this my will and estate, and direct that she be allowed to serve without bond and without accounting to any Court. | The person named as an executor was dead at the time of the death of the testator. | 32-1-202. Revocation by divorce or annulment.
(a) If after executing a will the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise.
(b) Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent but § 32-3-105 shall not apply. Other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent.
(c) If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse.
(d) For purposes of this section, divorce or annulment means any divorce or annulment that would exclude the spouse as a surviving spouse within the meaning of § 31-1-102(b). A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
(e) No change of circumstances other than as described in this and § 32-1-201 revokes a will. | 2 |
A58 | WITNESS my hand this 15th day of March, 1982. | The testator acknowledged his/her signature already made to two witnesses. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
A58 | WITNESS my hand this 15th day of March, 1982. | The testator signed his/her will without any witness present. He/she didn't acknowledge his/her already made to two witnesses. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 0 |
A58 | WITNESS my hand this 15th day of March, 1982. | The testator acknowledged his/her signature already made to two witnesses. | 9-4-203. Trust funds.
Unless otherwise provided by law, the funding board established by § 9-9-101 shall act as trustee for any funds which are directed to be held in trust by the state or any agency thereof. Unless otherwise provided by law, the state treasurer shall invest such trust funds under policy guidelines established by resolution of the funding board pursuant to § 9-4-602. Each trust fund shall be responsible for administrative expenses incurred in the investment of such funds. | 2 |
A58 | WITNESS my hand this 15th day of March, 1982. | The testator signed his/her will without any witness present. He/she didn't acknowledge his/her already made to two witnesses. | 28-3-302. Collection or reimbursement for underpayments or overpayments — Water or sewer service.
Notwithstanding any other provision of law to the contrary, if gallonage for water or sewer service or both is inaccurately recorded or registered due to equipment failure and results in the customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality, or water or sewer system or company shall be authorized to collect or assess a charge for the unpaid gallonage or to reimburse the customer for overpayment of such usage, prior to thirty-six (36) months from the date the error is discovered and billed; provided, that if a date certain can be established for such error which is less than thirty-six (36) months, no utility district, municipality, or water or sewer system or company shall be authorized to collect or assess a charge for such usage, or to reimburse the customer for overpayment of such usage, beyond such date. | 2 |
A58 | WITNESS my hand this 15th day of March, 1982. | The testator acknowledged his/her signature already made to two witnesses. | 34-3-102. Petition for appointment of conservator — Who may file.
A petition for the appointment of a conservator may be filed by any person having knowledge of the circumstances necessitating the appointment of a conservator. | 2 |
A102 | I direct my Executor to pay all my just debts and all funeral expenses, which shall be probated, registered and allowed against my estate, as soon after my death as can conveniently be done. | One of the people named as an executor was eligible to serve and agreed to serve as one. | Tenn. Code Ann. § 35-50-110
35-50-110. Specifically enumerated fiduciary powers that may be incorporated by reference.
Without diminution or restriction of the powers vested in the fiduciary by law, or elsewhere in the instrument, and subject to all other provisions of the instrument, the fiduciary, without the necessity of procuring any judicial authorization, or approval, shall be vested with, and in the application of the fiduciary's best judgment and discretion in behalf of the beneficiaries of the instrument shall be authorized to exercise, the powers specifically enumerated in this section:
(3) In behalf of the estate, to perform any and all valid executory contracts to which at the time of the testator's or settlor's death the testator or settlor is a party, and that at the time of the testator's or settlor's death have not been fully performed by the testator or settlor, and to discharge all obligations of the estate arising under or by reason of such contracts; | 1 |
A102 | I direct my Executor to pay all my just debts and all funeral expenses, which shall be probated, registered and allowed against my estate, as soon after my death as can conveniently be done. | The person named as an executor was dead at the time of the death of the testator. | 30-1-101. Letters testamentary or of administration required.
No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary.
32-1-113. Mailing or delivery of will to personal representative or clerk of court.
(a) Any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of a decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death, and a photographic copy of the instrument shall be mailed or delivered to the clerk of the court having probate jurisdiction in the county of the decedent's residence.
(b)
(1) If the personal representative, or the personal representative's address, is not known, is deceased or is not eligible to serve;
(2) If the instrument does not name a personal representative;
(3) If the personal representative declines to serve; or
(4) If it appears that there is no estate that will require administration;
then the person having possession of the original instrument shall mail or deliver it to the clerk. | 0 |
A102 | I direct my Executor to pay all my just debts and all funeral expenses, which shall be probated, registered and allowed against my estate, as soon after my death as can conveniently be done. | One of the people named as an executor was eligible to serve and agreed to serve as one. | 32-1-110. Requisites of holographic will executed on or before February 15, 1941.
A paper writing, written on or before February 15, 1941, appearing to be the will of a deceased person, written by the deceased person, having the deceased person's name subscribed to it, or inserted in some part of it, and found, after the deceased person's death, among the deceased person's valuable papers, or lodged in the hands of another for safekeeping, shall be good and sufficient to give and convey lands, if the handwriting is generally known by the deceased person's acquaintances, and it is proved by at least three (3) credible witnesses that they verily believe the writing, and every part of it, to be in the deceased person's hand. | 2 |
A102 | I direct my Executor to pay all my just debts and all funeral expenses, which shall be probated, registered and allowed against my estate, as soon after my death as can conveniently be done. | The person named as an executor was dead at the time of the death of the testator. | 32-1-107. Foreign execution.
A will executed outside this state in a manner prescribed by §§ 32-1-101 — 32-1-108, inclusive, or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution, shall have the same force and effect in this state as if executed in this state in compliance with those sections. | 2 |
A102 | I direct my Executor to pay all my just debts and all funeral expenses, which shall be probated, registered and allowed against my estate, as soon after my death as can conveniently be done. | The person named as an executor was dead at the time of the death of the testator. | 50-2-206. Penalty.
Any employer who violates this part, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to that employee's employer, the commissioner, or any other person, or instituted or caused to be instituted any proceedings under or related to this part, or has testified or is about to testify in any such proceeding, commits a Class A misdemeanor. | 2 |
J46 | I hereby name, nominate and appoint [Person-2] and [Person-3] as Co-Executors of this my Last Will and Estate. I further direct that my
Co-Executors be allowed to serve in this capacity without bond or other security for
the faithful performance of their duties as Co-Executors. I direct that my CoExecutors
not be required to make an accounting to the Court. | The people named as Co-Executors were eligible to serve and agreed to serve as one. | 32-3-110. Power of appointment.
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created; and
(6) If the donee could appoint outright to the object of a power, make appointments that create in the object of the power additional powers of appointment that may be exercisable in favor of such persons or entities as the person creating the power may direct, even though the objects of the additional powers of appointment may not have been permissible objects of the original power of appointment pursuant to which the additional powers are created; provided, however, that the donee may not create a power that would violate any applicable rule against perpetuities.
(d) Disposition of trust property subject to power. In disposing of trust property subject to a power of appointment exercisable by will, a trustee acting in good faith shall have no liability to any appointee or take in default of appointment for relying upon a will believed to be the will of the donee of the power of appointment, for assuming that there is no will in the absence of actual knowledge thereof within three (3) months after the death of the donee, or for requiring that any will purporting to exercise a power of appointment be admitted to probate. The trustee's action in accordance with the preceding sentence shall not affect the rights of any appointee or taker in default of appointment to recover the distributed property from any person to whom the trustee has made distribution.
(e) Applicability. This section shall be construed as being declarative of existing law and shall apply to all instruments granting general and special powers of appointment and all wills exercising those powers, whether existing or exercised before, on, or after May 8, 2002, except that no trustee shall be liable to any person in whose favor a power of appointment may have been exercised for any distribution of property made to persons entitled to take in default of the effective exercise of the power of appointment to the extent that the distribution has been completed prior to May 8, 2002. | 1 |
J46 | I hereby name, nominate and appoint [Person-2] and [Person-3] as Co-Executors of this my Last Will and Estate. I further direct that my
Co-Executors be allowed to serve in this capacity without bond or other security for
the faithful performance of their duties as Co-Executors. I direct that my CoExecutors
not be required to make an accounting to the Court. | Executors were sentenced to time in the penitentiary prior to testator's death | 40-20-115. Disqualification from fiduciary office.
The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office. | 0 |
J46 | I hereby name, nominate and appoint [Person-2] and [Person-3] as Co-Executors of this my Last Will and Estate. I further direct that my
Co-Executors be allowed to serve in this capacity without bond or other security for
the faithful performance of their duties as Co-Executors. I direct that my CoExecutors
not be required to make an accounting to the Court. | The people named as Co-Executors were eligible to serve and agreed to serve as one. | §40-20-109
Sections 40-20-107 — 40-20-110 shall not interfere with the operation of statutes providing for punishment for certain offenses by fine or imprisonment in the county jail or both. | 2 |
J46 | I hereby name, nominate and appoint [Person-2] and [Person-3] as Co-Executors of this my Last Will and Estate. I further direct that my
Co-Executors be allowed to serve in this capacity without bond or other security for
the faithful performance of their duties as Co-Executors. I direct that my CoExecutors
not be required to make an accounting to the Court. | Executors were sentenced to time in the penitentiary prior to testator's death | §40-8-101
(a) The governor is authorized to offer a reward for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state. Any reward offered shall not exceed the following amounts for the following classification of offenses:
(1) Fifty thousand dollars ($50,000) for an offense that is classified as a Class A or B felony; and
(2) Five thousand dollars ($5,000) for an offense that is classified as a Class C, D or E felony.
(b) The fifty-thousand-dollar and five-thousand-dollar reward maximums imposed by subsection (a) shall apply only to state appropriated funds. The governor may increase the amount of any reward offered by use of funds from the reward pool fund created in this part.
(c) When the governor offers a reward pursuant to this section, the governor may place any reasonable conditions upon collection of the reward as the governor deems advisable or necessary. | 2 |
J46 | I hereby name, nominate and appoint [Person-2] and [Person-3] as Co-Executors of this my Last Will and Estate. I further direct that my
Co-Executors be allowed to serve in this capacity without bond or other security for
the faithful performance of their duties as Co-Executors. I direct that my CoExecutors
not be required to make an accounting to the Court. | The people named as Co-Executors were eligible to serve and agreed to serve as one. | §32-4-102
(a) 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 in the suit, to pay all costs that may accrue on the suit, but an adult legatee or devisee who makes known in writing, to be entered of record, to the court that the adult legatee or devisee claims nothing under the will, and is willing that it be set aside, shall not be required to enter into bond.
(b) If all the legatees or devisees are adults, and refuse or fail to enter into a bond, the will shall not be admitted to probate, but shall be held for naught, and the property of the supposed testator shall be distributed as the property of an intestate. | 2 |
J12 | I am making certain other specific bequests by a
handwritten list which is attached hereto and made a part of this will. | The list is in the handwriting of the Testator, dated and sufficiently descriptive. | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 1 |
J12 | I am making certain other specific bequests by a
handwritten list which is attached hereto and made a part of this will. | The list is not dated and is not in the handwriting of the testator | 32-3-115. Written statement or list to dispose of items of tangible personal property.
(a)
(1) Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2) To be admissible under this section as evidence of the intended disposition, the writing:
(A) Must:
(i) Be either in the handwriting of the testator or signed by the testator;
(ii) Be dated; and
(iii) Describe the items and the devisees with reasonable certainty;
(B) May be prepared before or after the execution of the will;
(C) May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D) May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3) If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing. | 0 |
J12 | I am making certain other specific bequests by a
handwritten list which is attached hereto and made a part of this will. | The list is in the handwriting of the Testator, dated and sufficiently descriptive. | § 32 -11-109
Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration or revocation of another without the declarant's consent, or who falsifies or forges the declaration or revocation of another shall be civilly liable and subject to criminal prosecution for a Class C misdemeanor, and if a provider, subject to administrative and professional discipline. | 2 |
J12 | I am making certain other specific bequests by a
handwritten list which is attached hereto and made a part of this will. | The list is not dated and is not in the handwriting of the testator | §32-11-11
A living will that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that living will is in compliance with either this chapter or the laws of the state of the declarant's residence. | 2 |
J12 | I am making certain other specific bequests by a
handwritten list which is attached hereto and made a part of this will. | The list is not dated and is not in the handwriting of the testator | § 9-3-101
A municipal or public corporation organized under the laws of the state of Tennessee, including, but not limited to, counties, municipalities, metropolitan governments, utility districts, and industrial development boards or corporations, may, by resolution duly adopted by its governing body, authorize the issuance, in lieu of serial bonds, of fully registered bonds, without coupons, payable in installments corresponding to the maturities of such serial bonds. Such resolution shall provide that at the request of the holder of an installment bond such municipality or public corporation shall have prepared, executed and delivered to the holder, in exchange for such installment bond, serial bonds in an aggregate principal amount equal to the principal amount of such installment bond then unpaid, having maturities corresponding to the maturities of the installments of principal of such installment bond then unpaid, and bearing interest at the same rate or rates as provided in such installment bond. Upon any such exchange, such installment bond shall be cancelled. The reasonable expenses in connection with such exchange shall, at the option of the municipal or public corporation, be paid by the holder or the issuer. Until so exchanged, such installment bonds shall in all respects be entitled to the same benefits as the serial bonds to be issued. | 2 |
J96 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses had an interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
J96 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | Testator was of sound mind and age 16 at the time of signing this will. | 32-1-102. Persons qualified to make a will.
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
J96 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses had an interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 28-1-104. Accrual of principal's liability to surety or endorser.
The time for the limitation of an action by either a surety or accommodation endorser against their principal on negotiable paper, or for any matter growing out of the suretyship, does not commence to run until judgment is rendered against the surety or endorser, or the surety or endorser until the surety or endorser has paid the money. | 2 |
J96 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | Testator was of sound mind and age 16 at the time of signing this will. | 40-20-117. Jail or workhouse sentences of less than one (1) year.
(a) Whenever any person is sentenced to imprisonment in a county jail or workhouse for a period not to exceed eleven (11) months and twenty-nine (29) days, the judge of the court in which the sentence is imposed may, in the judge's discretion, include in the order of judgment suitable provisions and directions to the officer to whose custody the prisoner is committed for safekeeping as will ensure that the convicted person will be allowed to serve the sentence on nonconsecutive days, which may include, but is not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the judge of the committing court until the sentence is served or until the convicted person is lawfully released prior to the expiration of the person's sentence.
(b) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the convicted person in any jail or workhouse shall adopt procedures for the release of the convicted person at the times specified in the order of judgment and for receiving the person back into custody at the specified times. Willful failure of any official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(c) Failure of the convicted person to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the convicted person's safekeeping in the jail or workhouse within the time specified in the order of judgment constitutes grounds for the suspension or revocation of the privilege granted, in the discretion of the court. The order of judgment may specify time limits beyond which a continued absence shall be considered an escape and the offender shall then be liable to punishment for escape as provided by law; provided, that the person sentenced may elect to serve the person's sentence on consecutive days. | 2 |
J96 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses had an interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 40-27-107. Record of reasons for clemency.
The governor shall cause to be entered, in a book kept for that purpose, any reasons for granting pardons or commuting punishment, and preserve on file all documents on which the governor acted, and submit the same to the general assembly when requested. | 2 |
J52 | [Person-12] and [Person-13] being duly sworn, make oath and depose as follows:
That they were well acquainted with [Person-1] during her
lifetime.
2. That they witnessed the Last Will and Testament of the said [Person-1] on the 25th day of May, 2000. They witnessed said Last Will and Testament on the same date at the request of the said
[Person-1] in her presence and in the presence of each other, and that
said [Person-1] signed the said instrument declaring the same to be
her Last Will and Testament in our presence and in the presence of each of us on the 25th day of May, 2000. | Both witnesses were uninterested and signed the will in the presence of the Testator | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other.
(b)
(1) For wills executed prior to July 1, 2016, to the extent necessary for the will to be validly executed, witness signatures affixed to an affidavit meeting the requirements of § 32-2-110 shall be considered signatures to the will, provided that:
(A) The signatures are made at the same time as the testator signs the will and are made in accordance with subsection (a); and
(B) The affidavit contains language meeting all the requirements of subsection (a).
(2) If the witnesses signed the affidavit on the same day that the testator signed the will, it shall be presumed that the witnesses and the testator signed at the same time, unless rebutted by clear and convincing evidence. If, pursuant to this subsection (b), witness signatures on the affidavit are treated as signatures on the will, the affidavit shall not also serve as a self-proving affidavit under § 32-2-110. Nothing in this subsection (b) shall affect, eliminate, or relax the requirement in subsection (a) that the testator sign the will. | 1 |
J52 | [Person-12] and [Person-13] being duly sworn, make oath and depose as follows:
That they were well acquainted with [Person-1] during her
lifetime.
2. That they witnessed the Last Will and Testament of the said [Person-1] on the 25th day of May, 2000. They witnessed said Last Will and Testament on the same date at the request of the said
[Person-1] in her presence and in the presence of each other, and that
said [Person-1] signed the said instrument declaring the same to be
her Last Will and Testament in our presence and in the presence of each of us on the 25th day of May, 2000. | Witness 1 was not competent to be a witness under Tennessee law at the time the will was executed. | 32-1-103. Witnesses — Who may act.
(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
(b) No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two (2) disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the testator's death, what the interested witness would have received had the testator died intestate.
(c) No attesting witness is interested unless the will gives to the attesting witness some personal and beneficial interest. | 0 |
J52 | [Person-12] and [Person-13] being duly sworn, make oath and depose as follows:
That they were well acquainted with [Person-1] during her
lifetime.
2. That they witnessed the Last Will and Testament of the said [Person-1] on the 25th day of May, 2000. They witnessed said Last Will and Testament on the same date at the request of the said
[Person-1] in her presence and in the presence of each other, and that
said [Person-1] signed the said instrument declaring the same to be
her Last Will and Testament in our presence and in the presence of each of us on the 25th day of May, 2000. | Both witnesses were uninterested and signed the will in the presence of the Testator | §32-1-109
No last will or testament executed on or before February 15, 1941, shall be good or sufficient to convey or give an estate in lands, unless written in the testator's lifetime, and signed by the testator, or by some other person in the testator's presence and by the testator's direction, and subscribed in the testator's presence by two (2) witnesses at least, neither of whom is interested in the devise of the lands. | 2 |
J52 | [Person-12] and [Person-13] being duly sworn, make oath and depose as follows:
That they were well acquainted with [Person-1] during her
lifetime.
2. That they witnessed the Last Will and Testament of the said [Person-1] on the 25th day of May, 2000. They witnessed said Last Will and Testament on the same date at the request of the said
[Person-1] in her presence and in the presence of each other, and that
said [Person-1] signed the said instrument declaring the same to be
her Last Will and Testament in our presence and in the presence of each of us on the 25th day of May, 2000. | Witness 1 was not competent to be a witness under Tennessee law at the time the will was executed. | §32-4-101
(a) 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:
(1) Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and
(2) Cause a certificate of the contest and the original will to be filed with the appropriate court for trial.
(b) As used in this section, the term “the appropriate court for trial” means the court elected by the contestant, in the notice of contest, to conduct a trial upon the validity of the will. | 2 |
J52 | [Person-12] and [Person-13] being duly sworn, make oath and depose as follows:
That they were well acquainted with [Person-1] during her
lifetime.
2. That they witnessed the Last Will and Testament of the said [Person-1] on the 25th day of May, 2000. They witnessed said Last Will and Testament on the same date at the request of the said
[Person-1] in her presence and in the presence of each other, and that
said [Person-1] signed the said instrument declaring the same to be
her Last Will and Testament in our presence and in the presence of each of us on the 25th day of May, 2000. | Witness 1 was not competent to be a witness under Tennessee law at the time the will was executed. | §71-1-105(a)(1)
(a) The department is charged with the administration or supervision of all of the public welfare activities of the state as provided in this section. The department shall:
(1) Administer or supervise all functions of the federal Social Security Act (42 U.S.C.), established or to be established in Tennessee that may be assigned to it by law, regulation or executive order; | 2 |
J63 | I, [Person-1], an adult resident citizen of [Address-1], Lauderdale County, Tennessee, being of sound and
disposing mind, memory and understanding, do hereby make, declare
and publish this instrument as my Last Will and Testament,
expressly revoking any and all testamentary dispositions
heretofore made by me. | Testator was not married again, no children born after the will was executed and no manifestation of contrary intent was made by the Testator subsequent th execution of the Will and prior to Executor's death. | 32-1-201. Actions effecting a revocation of will.
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2) Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3) Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4) Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will. | 1 |
J63 | I, [Person-1], an adult resident citizen of [Address-1], Lauderdale County, Tennessee, being of sound and
disposing mind, memory and understanding, do hereby make, declare
and publish this instrument as my Last Will and Testament,
expressly revoking any and all testamentary dispositions
heretofore made by me. | Testator was over 18 and of sound mind at the time of making the Will | 32-1-102. Persons qualified to make a will.
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
J63 | I, [Person-1], an adult resident citizen of [Address-1], Lauderdale County, Tennessee, being of sound and
disposing mind, memory and understanding, do hereby make, declare
and publish this instrument as my Last Will and Testament,
expressly revoking any and all testamentary dispositions
heretofore made by me. | Testator was not married again, no children born after the will was executed and no manifestation of contrary intent was made by the Testator subsequent th execution of the Will and prior to Executor's death. | 34-2-102. Petition for appointment of guardian — Who may file.
A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian. | 2 |
J63 | I, [Person-1], an adult resident citizen of [Address-1], Lauderdale County, Tennessee, being of sound and
disposing mind, memory and understanding, do hereby make, declare
and publish this instrument as my Last Will and Testament,
expressly revoking any and all testamentary dispositions
heretofore made by me. | Testator was over 18 and of sound mind at the time of making the Will | 34-3-106. Rights of respondent.
The respondent has the right to:
(1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability;
(2) Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent's choosing, and confront, as a cross-examiner, witnesses;
(3) Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel;
(4) Attend any hearing;
(5) Have an attorney ad litem appointed to advocate the interests of the respondent; and
(6) Request a protective order placing under seal the respondent's financial information and any health information not otherwise protected by § 34-3-105(f). | 2 |
J63 | I, [Person-1], an adult resident citizen of [Address-1], Lauderdale County, Tennessee, being of sound and
disposing mind, memory and understanding, do hereby make, declare
and publish this instrument as my Last Will and Testament,
expressly revoking any and all testamentary dispositions
heretofore made by me. | Testator was not married again, no children born after the will was executed and no manifestation of contrary intent was made by the Testator subsequent th execution of the Will and prior to Executor's death. | 34-7-105. Costs of public guardianship.
Costs of public guardianship for the elderly will be met by annual appropriation to the commission on aging. | 2 |
J66 | I name, nominate and appoint [Person-3] as Executor
of this my will and estate, and direct that she be allowed to
serve without bond. | Executor is able to serve as a fiduciary in the state of Tennessee and the will was validly executed. | 30-1-201. When bond required.
(a)
(1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
(A) The decedent by will excuses the personal representative from making bond;
(B) The personal representative and the sole beneficiary of the estate are the same person and the court approves;
(C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or
(D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005. | 1 |
J66 | I name, nominate and appoint [Person-3] as Executor
of this my will and estate, and direct that she be allowed to
serve without bond. | Prior to Testator's death, Executor was sentenced to a period of imprisonment in a penitentiary. | 40-20-115. Disqualification from fiduciary office.
The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office. | 0 |
J66 | I name, nominate and appoint [Person-3] as Executor
of this my will and estate, and direct that she be allowed to
serve without bond. | Executor is able to serve as a fiduciary in the state of Tennessee and the will was validly executed. | 40-20-117. Jail or workhouse sentences of less than one (1) year.
(a) Whenever any person is sentenced to imprisonment in a county jail or workhouse for a period not to exceed eleven (11) months and twenty-nine (29) days, the judge of the court in which the sentence is imposed may, in the judge's discretion, include in the order of judgment suitable provisions and directions to the officer to whose custody the prisoner is committed for safekeeping as will ensure that the convicted person will be allowed to serve the sentence on nonconsecutive days, which may include, but is not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the judge of the committing court until the sentence is served or until the convicted person is lawfully released prior to the expiration of the person's sentence.
(b) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the convicted person in any jail or workhouse shall adopt procedures for the release of the convicted person at the times specified in the order of judgment and for receiving the person back into custody at the specified times. Willful failure of any official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(c) Failure of the convicted person to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the convicted person's safekeeping in the jail or workhouse within the time specified in the order of judgment constitutes grounds for the suspension or revocation of the privilege granted, in the discretion of the court. The order of judgment may specify time limits beyond which a continued absence shall be considered an escape and the offender shall then be liable to punishment for escape as provided by law; provided, that the person sentenced may elect to serve the person's sentence on consecutive days. | 2 |
J66 | I name, nominate and appoint [Person-3] as Executor
of this my will and estate, and direct that she be allowed to
serve without bond. | Prior to Testator's death, Executor was sentenced to a period of imprisonment in a penitentiary. | 40-27-101. Power of governor.
The governor has power to grant reprieves, commutations and pardons in all criminal cases after conviction, except impeachment, subject to the regulations provided in this chapter. | 2 |
J66 | I name, nominate and appoint [Person-3] as Executor
of this my will and estate, and direct that she be allowed to
serve without bond. | Prior to Testator's death, Executor was sentenced to a period of imprisonment in a penitentiary. | 37-2-408. Confidentiality of plans and records.
(a) All records, reports, permanency plans, reviews and reports of the foster care review boards or any material prepared in connection with the planning, placement or care of a child in the care or custody of the department of children's services or in foster care with any agency or person pursuant to this part, shall be confidential and shall not be a public record and shall be disclosed only for the purposes directly related to the administration of this part, or as permitted pursuant to the provisions of § 37-1-409 or § 37-1-612, or as otherwise determined by the department of children's services to be reasonably necessary or reasonably required and as directly related to the provision of any services needed by the child.
(b) A violation of this section is a Class B misdemeanor. | 2 |
J10 | I, [Person-1], an adult resident citizen of Ripley, Lauderdale County, Tennessee, being of sound and disposing mind, memory and understanding, do hereby make, declare and publish this instrument as my Last - Will and Testament, expressly revoking any and all testamentary dispositions heretofore made by me. | Testator is over 18 and of sound mind at the time of executing the Will | 32-1-102. Persons qualified to make a will.
Any person of sound mind eighteen (18) years of age or older may make a will. | 1 |
J10 | I, [Person-1], an adult resident citizen of Ripley, Lauderdale County, Tennessee, being of sound and disposing mind, memory and understanding, do hereby make, declare and publish this instrument as my Last - Will and Testament, expressly revoking any and all testamentary dispositions heretofore made by me. | Testator is 16 at the time of executing the Will | 32-1-102. Persons qualified to make a will.
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
J10 | I, [Person-1], an adult resident citizen of Ripley, Lauderdale County, Tennessee, being of sound and disposing mind, memory and understanding, do hereby make, declare and publish this instrument as my Last - Will and Testament, expressly revoking any and all testamentary dispositions heretofore made by me. | Testator is over 18 and of sound mind at the time of executing the Will | T.C.A. § 57-5-303
(a) Any violation of this chapter or rule or regulation of the commissioner of revenue or the violations of any rule or regulation of a county legislative body, metropolitan council or city legislative body relative to the conducting of the beer or like beverage business as defined in § 57-5-101 is a Class C misdemeanor where the penalty is not otherwise fixed.
(b) A violation of this section involving either unlawful possession or illegal transportation, or both, of over one hundred (100) cases of twenty-four (24) twelve ounce (12 oz.) cans of beer or other light alcoholic beverage, or the equivalent thereof with respect to quantity or the kinds of containers, is a Class E felony.
(c) Upon the second conviction of any person engaging in a business regulated under this chapter of making, or permitting to be made, any sale of alcoholic beverages, beer or wine to a person under twenty-one (21) years of age in violation of this chapter, such person is guilty of a Class E felony. In addition, upon the second such conviction, the permit or license of such person shall be automatically and permanently revoked regardless of any other punishment actually imposed.
(d) Each violation of this chapter shall constitute a separate and distinct offense. | 2 |
J10 | I, [Person-1], an adult resident citizen of Ripley, Lauderdale County, Tennessee, being of sound and disposing mind, memory and understanding, do hereby make, declare and publish this instrument as my Last - Will and Testament, expressly revoking any and all testamentary dispositions heretofore made by me. | Testator is 16 at the time of executing the Will | T.C.A. § 32-11-102
(a) The general assembly declares it to be the law of the state that every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including palliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplantation and to provide mechanisms for individuals to express their desire to donate their organs and/or tissues.
(b) The general assembly does further empower the exercise of this right by written declaration, called a “living will,” as provided in this chapter. | 2 |
J10 | I, [Person-1], an adult resident citizen of Ripley, Lauderdale County, Tennessee, being of sound and disposing mind, memory and understanding, do hereby make, declare and publish this instrument as my Last - Will and Testament, expressly revoking any and all testamentary dispositions heretofore made by me. | Testator is over 18 and of sound mind at the time of executing the Will | T.C.A. §21-1-202
"Attachments, injunctions and all other process issued to any one (1) county shall embrace the names of all the defendants required to be served with the process residing in that county." | 2 |