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2
J31
I hereby direct my Executor to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
property has not been disposed of and contrary intentions were not given prior to testator's death. Executor did not resign and no contrary intention was shown after this Will was executed.
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. (b) If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. (c) The right of a specific legatee or devisee under subsection (b) is reduced by any right the legatee or devisee has under subsection (a). (d) For the purposes of the references in subsection (b) to a conservator, subsection (b) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one (1) year. (e) For the purposes of the references in subsection (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal: (1) “Incapacitated principal” means a principal who is an incapacitated person; (2) No adjudication of the principal's incapacity need occur before death; and (3) The acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal, the presumption rebuttable by clear and convincing evidence of capacity.
1
J31
I hereby direct my Executor to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The executor served a prison sentence 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
J31
I hereby direct my Executor to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
property has not been disposed of and contrary intentions were not given prior to testator's death. Executor did not resign and no contrary intention was shown after this Will was executed.
§32-3-103 Whenever any will has been proved and recorded for six (6) months in any county of this state, as required by §§ 32-2-101 — 32-2-104, and the will is required to be proved out of this state, the judge of probate may, on the application of the executor, so stating, duly sworn to and filed, allow the executor to withdraw the will, upon leaving a photostatic and certified copy and complying with such other terms as may be prescribed.
2
J31
I hereby direct my Executor to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The executor served a prison sentence prior to Testator's death.
§9-19-103 Notwithstanding any other law, issuers are hereby authorized to issue public obligations in fully registered form. Such obligations in fully registered form may, if permitted by the official action authorizing public obligations, be issued in book-entry form. If permitted by the official actions authorizing public obligations, obligations in fully registered form and in bearer form shall be exchangeable from time to time.
2
J31
I hereby direct my Executor to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The executor served a prison sentence prior to Testator's death.
§11-5-108 (a) It is an offense for any person, without the prior permission of the owner, to knowingly: (1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations; (2) Kill, harm or disturb any plant, animal or artifact found therein; (3) Disturb or alter the natural condition of such cave or cavern; or (4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained. (b) Nothing in this section shall be construed to prohibit the owner of property from performing on such owner's property any of the acts set forth in subsection (a). (c) An act constituting a violation of this section is to be valued according to § 39-11-106(a)(36) and punished as theft under § 39-14-103.
2
J55
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 Will was properly executed under the relevant laws in the state of Tennessee.
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: (1) In behalf of the estate, to join the testator's or settlor's spouse (if living), or the personal representative of the estate of the testator's or settlor's spouse (if deceased), in the execution and filing of a joint income tax return to the United States, or to the state of Tennessee, or any other governmental taxing authority (or a joint gift tax return, if and when such a joint return is authorized by law), if the fiduciary, in the exercise of the fiduciary's best judgment, believes that action to be for the best interests of the estate, or will result in a benefit to the testator's or settlor's spouse (or the estate of the testator's or settlor's spouse) exceeding in amount any monetary loss to the estate that may be caused by the filing; (2) To continue, to the extent and so long as in the exercise of the fiduciary's best judgment it is advisable and for the best interests of the estate so to do, the operation or participation in the operation of any farming, manufacturing, mercantile and/or other business activity or enterprise in which at the time of death the testator or settlor is engaged, either alone or in unincorporated association with others; (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; (4) Pending the administration of the estate, to permit any beneficiary or beneficiaries of the will to have the use, possession and enjoyment, without charge made for the use, possession and enjoyment, (and without the fiduciary thereby relinquishing control of the property), of any real property or tangible personal property of the estate which, upon completion of the administration of the estate, will be distributable to that beneficiary or beneficiaries when, if, and to the extent that, that action will not adversely affect the rights and interests of any creditor of the estate, and in the judgment of the fiduciary it is appropriate that the beneficiary or beneficiaries have the use and enjoyment of the property, notwithstanding that it may be subjected to depreciation in value by reason of the use. The exercise of this power will not constitute a distribution of the property with respect to which it is exercised; and, whether or not exercised, neither the power nor the exercise of the power shall be deemed a constructive or actual distribution of the property to which it relates; (5) During the fiduciary's administration of the estate, and subject to all the other provisions of the instrument, to receive and receipt for all of the assets of the estate, and to have exclusive possession and control of those assets;
1
J55
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 Executor at the time of the Testator's death was under 18
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.
0
J55
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 Will was properly executed under the relevant laws in the state of Tennessee.
§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
J55
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 Executor at the time of the Testator's death was under 18
§35-50-125 Where it is necessary, under the terms of a trust to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the settlor, or of the donor, or of the trustee, or of the agent or other fiduciary under a trust that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
2
J55
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 Will was properly executed under the relevant laws in the state of Tennessee.
§36-1-114 The termination or adoption petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where, at the time the petition is filed, any respondent resides; (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part; (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
2
J5
I hereby will and bequeath the personal things in my home, including household furnishings, to five beneficiaries, namely: 1. [Person-5] and if she is not living to [Person-3] and [Person-6], equally. 2. [Person-7] and if not living, to her children, [Person-4] and [Person-8], equally. 3. [Person-9] and if not living to her grandsons, [Person-10] and [Person-11], equally. 4. [Person-12] and if not living to his daughter, [person-13]. 5. [Person-3] and [Person-4]. The five beneficiaries will get together and equally divide the above mentioned personal property.
No contrary intention was made manifest subsequent the execution of this Will
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
J5
I hereby will and bequeath the personal things in my home, including household furnishings, to five beneficiaries, namely: 1. [Person-5] and if she is not living to [Person-3] and [Person-6], equally. 2. [Person-7] and if not living, to her children, [Person-4] and [Person-8], equally. 3. [Person-9] and if not living to her grandsons, [Person-10] and [Person-11], equally. 4. [Person-12] and if not living to his daughter, [person-13]. 5. [Person-3] and [Person-4]. The five beneficiaries will get together and equally divide the above mentioned personal property.
person 5, 6, and 7 were convicted in a group conspiracy in the intentional killing of the Testator
31-1-106. Effect of felonious and intentional killing of decedent. (a) For purposes of this section: (1) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument; (2) “Felonious and intentional killing” or “feloniously and intentionally kills” includes the felonious and intentional act of conspiring with another to kill or procure the killing of an individual decedent; (3) “Governing instrument” means a governing instrument executed by the decedent; and (4) “Revocable,” with respect to a disposition, appointment, provision, or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate the decedent in place of the decedent's killer and whether or not the decedent then had capacity to exercise the power. (b) An individual who feloniously and intentionally kills the decedent forfeits all benefits with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer predeceased the decedent. (c) The felonious and intentional killing of the decedent: (1) Revokes any revocable: (A) Disposition or appointment of property made by the decedent to the killer in a governing instrument; (B) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and (C) Nomination of the killer in a governing instrument to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; (2) Severs the interests of the decedent and killer in property held by the decedent and the killer at the time of the killing as joint tenants with the right of survivorship or as community property with the right of survivorship, transforming the interests of the decedent and killer into equal tenancies in common; and (3) Eliminates any right the perpetrator of the killing otherwise has to file or maintain an action for wrongful death arising out of the death of the decedent or to share in any portion of the proceeds of any wrongful death settlement or judgment resulting from a wrongful death lawsuit.
2
J5
I hereby will and bequeath the personal things in my home, including household furnishings, to five beneficiaries, namely: 1. [Person-5] and if she is not living to [Person-3] and [Person-6], equally. 2. [Person-7] and if not living, to her children, [Person-4] and [Person-8], equally. 3. [Person-9] and if not living to her grandsons, [Person-10] and [Person-11], equally. 4. [Person-12] and if not living to his daughter, [person-13]. 5. [Person-3] and [Person-4]. The five beneficiaries will get together and equally divide the above mentioned personal property.
person 5 and 6 were charged with, but absolved of, the intentional killing of the Testator.
31-1-106. Effect of felonious and intentional killing of decedent. (a) For purposes of this section: (1) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument; (2) “Felonious and intentional killing” or “feloniously and intentionally kills” includes the felonious and intentional act of conspiring with another to kill or procure the killing of an individual decedent; (3) “Governing instrument” means a governing instrument executed by the decedent; and (4) “Revocable,” with respect to a disposition, appointment, provision, or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate the decedent in place of the decedent's killer and whether or not the decedent then had capacity to exercise the power. (b) An individual who feloniously and intentionally kills the decedent forfeits all benefits with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer predeceased the decedent. (c) The felonious and intentional killing of the decedent: (1) Revokes any revocable: (A) Disposition or appointment of property made by the decedent to the killer in a governing instrument; (B) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and (C) Nomination of the killer in a governing instrument to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; (2) Severs the interests of the decedent and killer in property held by the decedent and the killer at the time of the killing as joint tenants with the right of survivorship or as community property with the right of survivorship, transforming the interests of the decedent and killer into equal tenancies in common; and (3) Eliminates any right the perpetrator of the killing otherwise has to file or maintain an action for wrongful death arising out of the death of the decedent or to share in any portion of the proceeds of any wrongful death settlement or judgment resulting from a wrongful death lawsuit.
2
J5
I hereby will and bequeath the personal things in my home, including household furnishings, to five beneficiaries, namely: 1. [Person-5] and if she is not living to [Person-3] and [Person-6], equally. 2. [Person-7] and if not living, to her children, [Person-4] and [Person-8], equally. 3. [Person-9] and if not living to her grandsons, [Person-10] and [Person-11], equally. 4. [Person-12] and if not living to his daughter, [person-13]. 5. [Person-3] and [Person-4]. The five beneficiaries will get together and equally divide the above mentioned personal property.
No contrary intention was made manifest subsequent the execution of this Will
§15-1-102 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
J5
I hereby will and bequeath the personal things in my home, including household furnishings, to five beneficiaries, namely: 1. [Person-5] and if she is not living to [Person-3] and [Person-6], equally. 2. [Person-7] and if not living, to her children, [Person-4] and [Person-8], equally. 3. [Person-9] and if not living to her grandsons, [Person-10] and [Person-11], equally. 4. [Person-12] and if not living to his daughter, [person-13]. 5. [Person-3] and [Person-4]. The five beneficiaries will get together and equally divide the above mentioned personal property.
person 5, 6, and 7 were convicted in a group conspiracy in the intentional killing of the Testator
§22-1-102 The following persons are incompetent to act as jurors: (1) Persons convicted of a felony or any other infamous offense in a court of competent jurisdiction; or (2) Persons convicted of perjury or subornation of perjury.
2
J73
Some of my furniture, household goods, jewelry, and personal effeccs should be distributed in accordance with the provisions of a certain Memorandum written entirely in my handwriting and signed by me, which will be found with this Will. If for any reason that Memorandum is not found and properly identified as such by my Executor within thirty (30) days after the probate of my Will, then all of the aforesaid property shall become part of my residuary estate hereinafter disposed of.
The list was in the handwriting of the Testator and was 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.
1
J73
Some of my furniture, household goods, jewelry, and personal effeccs should be distributed in accordance with the provisions of a certain Memorandum written entirely in my handwriting and signed by me, which will be found with this Will. If for any reason that Memorandum is not found and properly identified as such by my Executor within thirty (30) days after the probate of my Will, then all of the aforesaid property shall become part of my residuary estate hereinafter disposed of.
Testator died with debts exceeding the value of his net estate.
30-2-305. Debts chargeable against all assets. Every debtor's property, except such as may be specially exempt by law, is assets for the satisfaction of all the debtor's just debts.
0
J73
Some of my furniture, household goods, jewelry, and personal effeccs should be distributed in accordance with the provisions of a certain Memorandum written entirely in my handwriting and signed by me, which will be found with this Will. If for any reason that Memorandum is not found and properly identified as such by my Executor within thirty (30) days after the probate of my Will, then all of the aforesaid property shall become part of my residuary estate hereinafter disposed of.
The list was in the handwriting of the Testator and was signed by the Testator.
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
J73
Some of my furniture, household goods, jewelry, and personal effeccs should be distributed in accordance with the provisions of a certain Memorandum written entirely in my handwriting and signed by me, which will be found with this Will. If for any reason that Memorandum is not found and properly identified as such by my Executor within thirty (30) days after the probate of my Will, then all of the aforesaid property shall become part of my residuary estate hereinafter disposed of.
Testator died with debts exceeding the value of his net estate.
38-6-110. Central registry for sexual offenders. (a) The Tennessee bureau of investigation shall establish a central registry of sexual offenders modeled after statutes enacted in other states. The registry shall include all validated offenders from files maintained by the department of children's services, all persons who have been arrested for the commission of a sexual offense, and all persons who have been convicted of a sexual offense. (b) The departments of correction and children's services and local law enforcement agencies shall cooperate fully in the creation and updating of the central registry.
2
J73
Some of my furniture, household goods, jewelry, and personal effeccs should be distributed in accordance with the provisions of a certain Memorandum written entirely in my handwriting and signed by me, which will be found with this Will. If for any reason that Memorandum is not found and properly identified as such by my Executor within thirty (30) days after the probate of my Will, then all of the aforesaid property shall become part of my residuary estate hereinafter disposed of.
Testator died with debts exceeding the value of his net estate.
38-6-117. Missing children registry. (a) The Tennessee bureau of investigation is authorized to create within the bureau a missing children registry. The registry shall contain pertinent information about, a picture of, and the current status of certain children in this state who have been reported missing. (b) The bureau shall have the sole discretion to determine the number of missing children to be placed on the registry, the criteria for placing a child on the registry and the definition of “missing child.” (c) The bureau shall place, maintain and update the missing children registry on the state of Tennessee's internet home page. (d) When the Tennessee internet criminal information center is created within the bureau and becomes operational, the missing children registry shall become a part of such center. (e) The bureau shall update the missing children's web page to reflect that a missing child has been recovered.
2
J79
I nominate, constitute and appoint my son, [Person-7] as Executor of my Last Will and Testament. If my son should not qualify or complete the administration of my estate, I appoint [Person-4], my grandson, as Alternate Executor of this my Last Will and Testament. In the event the law in the state wherein this Last Will and Testament is offered for probate requires that a resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then and in that event, I leave the choice of the person to serve with my named Alternate Executor in his sole and exclusive discretion. I specifically excuse my named Executor or Alternate Executor, or any person whom he may choose to serve with him, from the necessity of filing any bond, inventory or accounting in this or any other jurisdiction. I specifically give my named Executor, Alternate Executor, or any person whom he may choose to serve with him, full power, in his sole discretion, to do all things necessary for the complete administration of my estate, including but not limited to, the power to sell at public or private sale, and without the order of any Court, any real or personal property belonging to my estate, as well as to mortgage, lease, or give a security interest therein, and to compound, compromise and otherwise to settle or adjust any and all claims, charges, debts and demands, whatsoever, against or in favor of my estate, as fully as I could do if living. I specifically grant to my Executor, Alternate Executor, or any other person whom he may choose to serve with him, the power to execute bills of sale and deeds of conveyance, if necessary. I specifically authorize my Executor, Alternate Executor, or any person whom he may choose to serve with him, in the exercise of reasonable discretion, with respect to all property, real, personal or mixed, at any time forming part of my estate, to exercise any and all powers set forth at Tennessee Code Annotated,  35-50-110, to the extent applicable, all of which provisions and powers are incorporated herein by reference as if fully copied herein verbatim.
People named as the Executor were not sentenced to prison.
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.
1
J79
I nominate, constitute and appoint my son, [Person-7] as Executor of my Last Will and Testament. If my son should not qualify or complete the administration of my estate, I appoint [Person-4], my grandson, as Alternate Executor of this my Last Will and Testament. In the event the law in the state wherein this Last Will and Testament is offered for probate requires that a resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then and in that event, I leave the choice of the person to serve with my named Alternate Executor in his sole and exclusive discretion. I specifically excuse my named Executor or Alternate Executor, or any person whom he may choose to serve with him, from the necessity of filing any bond, inventory or accounting in this or any other jurisdiction. I specifically give my named Executor, Alternate Executor, or any person whom he may choose to serve with him, full power, in his sole discretion, to do all things necessary for the complete administration of my estate, including but not limited to, the power to sell at public or private sale, and without the order of any Court, any real or personal property belonging to my estate, as well as to mortgage, lease, or give a security interest therein, and to compound, compromise and otherwise to settle or adjust any and all claims, charges, debts and demands, whatsoever, against or in favor of my estate, as fully as I could do if living. I specifically grant to my Executor, Alternate Executor, or any other person whom he may choose to serve with him, the power to execute bills of sale and deeds of conveyance, if necessary. I specifically authorize my Executor, Alternate Executor, or any person whom he may choose to serve with him, in the exercise of reasonable discretion, with respect to all property, real, personal or mixed, at any time forming part of my estate, to exercise any and all powers set forth at Tennessee Code Annotated,  35-50-110, to the extent applicable, all of which provisions and powers are incorporated herein by reference as if fully copied herein verbatim.
Both the Executor and Alternate executor, subsequent the execution of this Will, were sentenced to serve time in a penitentiay.
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
J79
I nominate, constitute and appoint my son, [Person-7] as Executor of my Last Will and Testament. If my son should not qualify or complete the administration of my estate, I appoint [Person-4], my grandson, as Alternate Executor of this my Last Will and Testament. In the event the law in the state wherein this Last Will and Testament is offered for probate requires that a resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then and in that event, I leave the choice of the person to serve with my named Alternate Executor in his sole and exclusive discretion. I specifically excuse my named Executor or Alternate Executor, or any person whom he may choose to serve with him, from the necessity of filing any bond, inventory or accounting in this or any other jurisdiction. I specifically give my named Executor, Alternate Executor, or any person whom he may choose to serve with him, full power, in his sole discretion, to do all things necessary for the complete administration of my estate, including but not limited to, the power to sell at public or private sale, and without the order of any Court, any real or personal property belonging to my estate, as well as to mortgage, lease, or give a security interest therein, and to compound, compromise and otherwise to settle or adjust any and all claims, charges, debts and demands, whatsoever, against or in favor of my estate, as fully as I could do if living. I specifically grant to my Executor, Alternate Executor, or any other person whom he may choose to serve with him, the power to execute bills of sale and deeds of conveyance, if necessary. I specifically authorize my Executor, Alternate Executor, or any person whom he may choose to serve with him, in the exercise of reasonable discretion, with respect to all property, real, personal or mixed, at any time forming part of my estate, to exercise any and all powers set forth at Tennessee Code Annotated,  35-50-110, to the extent applicable, all of which provisions and powers are incorporated herein by reference as if fully copied herein verbatim.
People named as the Executor were not sentenced to prison.
40-20-302. Classification of offenders. No offender shall be placed in a special technical violator unit unless and until the offender has been classified by the department as a suitable candidate for such a program in accordance with departmental policies and guidelines.
2
J79
I nominate, constitute and appoint my son, [Person-7] as Executor of my Last Will and Testament. If my son should not qualify or complete the administration of my estate, I appoint [Person-4], my grandson, as Alternate Executor of this my Last Will and Testament. In the event the law in the state wherein this Last Will and Testament is offered for probate requires that a resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then and in that event, I leave the choice of the person to serve with my named Alternate Executor in his sole and exclusive discretion. I specifically excuse my named Executor or Alternate Executor, or any person whom he may choose to serve with him, from the necessity of filing any bond, inventory or accounting in this or any other jurisdiction. I specifically give my named Executor, Alternate Executor, or any person whom he may choose to serve with him, full power, in his sole discretion, to do all things necessary for the complete administration of my estate, including but not limited to, the power to sell at public or private sale, and without the order of any Court, any real or personal property belonging to my estate, as well as to mortgage, lease, or give a security interest therein, and to compound, compromise and otherwise to settle or adjust any and all claims, charges, debts and demands, whatsoever, against or in favor of my estate, as fully as I could do if living. I specifically grant to my Executor, Alternate Executor, or any other person whom he may choose to serve with him, the power to execute bills of sale and deeds of conveyance, if necessary. I specifically authorize my Executor, Alternate Executor, or any person whom he may choose to serve with him, in the exercise of reasonable discretion, with respect to all property, real, personal or mixed, at any time forming part of my estate, to exercise any and all powers set forth at Tennessee Code Annotated,  35-50-110, to the extent applicable, all of which provisions and powers are incorporated herein by reference as if fully copied herein verbatim.
Both the Executor and Alternate executor, subsequent the execution of this Will, were sentenced to serve time in a penitentiay.
45-2-201. Incorporators — Applicant requirements. (a) A corporation seeking to conduct a banking business in Tennessee may be organized by five (5) or more incorporators, a majority of whom shall be residents of this state. The incorporators shall complete the process provided in this part and as outlined in subsection (c). (b) Each incorporator shall subscribe and pay in full, in cash, for common stock in a minimum amount as determined by the commissioner. (c) In order to provide for the organization of the business authorized to conduct banking business in Tennessee, applicants shall complete the following: (1) Submit a notice of intention and request for issuance of a charter for a corporation seeking to conduct banking business in Tennessee to be filed with the secretary of state as provided in § 45-2-202; (2) Submit and complete an application for charter, as provided in § 45-2-204; and (3) Submit and complete an application for certificate of authority, as provided in § 45-2-212. (d) For purposes of this part, a bank may be organized as a corporation as provided in title 48, chapters 11-27 or as a limited liability company as provided in title 48, chapters 201-249 and as outlined in § 45-2-220.
2
J79
I nominate, constitute and appoint my son, [Person-7] as Executor of my Last Will and Testament. If my son should not qualify or complete the administration of my estate, I appoint [Person-4], my grandson, as Alternate Executor of this my Last Will and Testament. In the event the law in the state wherein this Last Will and Testament is offered for probate requires that a resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then and in that event, I leave the choice of the person to serve with my named Alternate Executor in his sole and exclusive discretion. I specifically excuse my named Executor or Alternate Executor, or any person whom he may choose to serve with him, from the necessity of filing any bond, inventory or accounting in this or any other jurisdiction. I specifically give my named Executor, Alternate Executor, or any person whom he may choose to serve with him, full power, in his sole discretion, to do all things necessary for the complete administration of my estate, including but not limited to, the power to sell at public or private sale, and without the order of any Court, any real or personal property belonging to my estate, as well as to mortgage, lease, or give a security interest therein, and to compound, compromise and otherwise to settle or adjust any and all claims, charges, debts and demands, whatsoever, against or in favor of my estate, as fully as I could do if living. I specifically grant to my Executor, Alternate Executor, or any other person whom he may choose to serve with him, the power to execute bills of sale and deeds of conveyance, if necessary. I specifically authorize my Executor, Alternate Executor, or any person whom he may choose to serve with him, in the exercise of reasonable discretion, with respect to all property, real, personal or mixed, at any time forming part of my estate, to exercise any and all powers set forth at Tennessee Code Annotated,  35-50-110, to the extent applicable, all of which provisions and powers are incorporated herein by reference as if fully copied herein verbatim.
People named as the Executor were not sentenced to prison.
49-9-104. Merger with other institutions. The board of trustees of the University of Tennessee, and each institution under its jurisdiction, shall not enter into any agreement or other arrangement for a merger or consolidation with a private institution of higher education without the authorization of the general assembly, acting through legislation, resolution or appropriations.
2
J35
I [Person-1], being of sound mind and body, do hereby bequeath my last will and testament.
Testator was over 18 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
J35
I [Person-1], being of sound mind and body, do hereby bequeath my last will and testament.
Testator was not of sound mind at the time the will was executed.
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
J35
I [Person-1], being of sound mind and body, do hereby bequeath my last will and testament.
Testator was over 18 at the time of executing the will.
§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
J35
I [Person-1], being of sound mind and body, do hereby bequeath my last will and testament.
Testator was not of sound mind at the time the will was executed.
§32-1-115 (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. (c) The receipt by the personal representative or the clerk shall relieve the person of further responsibility as to possession of the instrument. (d) The clerk of the court shall have no responsibility to perform any acts regarding the probate of the will and shall not accept any claims for filing against the estate unless and until the personal representative or other interested party files proper pleadings to initiate such an action.
2
J35
I [Person-1], being of sound mind and body, do hereby bequeath my last will and testament.
Testator was over 18 at the time of executing the will.
§36-3-301 (a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met.
2
J85
ITEM II. After payment of the above items and expenses, I [Person-1] will and devise and bequeath all of my property of every kind, character and description, both real and personal, unto my beloved wife, [Person-2], in fee simple
The personal representative (Executor) was over 18 and otherwise qualified to be a personal representative under Tennessee law and there is no other contrary intent expressed by the testator prior to death.
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
J85
ITEM II. After payment of the above items and expenses, I [Person-1] will and devise and bequeath all of my property of every kind, character and description, both real and personal, unto my beloved wife, [Person-2], in fee simple
The Testator, subsequent the execution of this Will, divorced his spouse.
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.
0
J85
ITEM II. After payment of the above items and expenses, I [Person-1] will and devise and bequeath all of my property of every kind, character and description, both real and personal, unto my beloved wife, [Person-2], in fee simple
The Will was typed and properly signed
32-1-105. Holographic will. No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses.
2
J85
ITEM II. After payment of the above items and expenses, I [Person-1] will and devise and bequeath all of my property of every kind, character and description, both real and personal, unto my beloved wife, [Person-2], in fee simple
The personal representative (Executor) was over 18 and otherwise qualified to be a personal representative under Tennessee law and there is no other contrary intent expressed by the testator prior to death.
32-5-105. Unprobated will from state or country not requiring probate. (a) When a duly authenticated copy of a will from any state or country, where probate is not required by the laws of that state or country, with a duly authenticated certificate of the legal custodian of the original will that the copy is a true copy, and that the will has become operative by the laws of that state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody of the will, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, is presented by the executor or other persons interested to the proper court in this state, that court shall appoint a time and place of hearing and notice of the hearing shall be given as in case of an original will presented for probate. (b) If it appears to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the court.
2
J85
ITEM II. After payment of the above items and expenses, I [Person-1] will and devise and bequeath all of my property of every kind, character and description, both real and personal, unto my beloved wife, [Person-2], in fee simple
The Testator, subsequent the execution of this Will, divorced his spouse.
50-1-205. Penalty. (a) Any person, firm, corporation or association of any kind violating any of the provisions of this part commits a Class A misdemeanor. (b) Each day that any person, firm, corporation or association of any kind remains in violation of this part is deemed to be a separate and distinct offense, punishable in accordance with this section.
2
J51
We, the undersigned and 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 25th day of May, 2000.
The witnesses are both disinterested and the Testator and witnesses all signed in the presence of each other.
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.
1
J51
We, the undersigned and 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 25th day of May, 2000.
The witnesses signing the Will were not qualified to act as witnesses under the law in Tennessee
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
J51
We, the undersigned and 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 25th day of May, 2000.
This will was created in the state of Tennessee.
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
J51
We, the undersigned and 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 25th day of May, 2000.
The witnesses are both disinterested and the Testator and witnesses all signed in the presence of each other.
§32-1-112(a) (a) With respect to a testator who is living, any will in writing, being enclosed in a sealed wrapper, and having endorsed thereon the name of the testator, the testator's place of residence and the testator's social security number or driver license number, if any, and the day when, and the person by whom, it is delivered, may be deposited by the person making the will, or by any person for the person making the will, with the court exercising probate jurisdiction in the county where the testator lives. With respect to a deceased testator, any will in writing may be deposited by any person with the court exercising probate jurisdiction in the county where the testator lived at the time of the testator's death. The preceding provisions shall apply only if the clerk of the probate court has a secure vault or safe for the safe keeping of the will. The probate court shall receive and safely and securely keep any such will, and give a certificate of the deposit thereof, and for this service shall charge a fee of five dollars ($5.00).
2
J51
We, the undersigned and 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 25th day of May, 2000.
The witnesses signing the Will were not qualified to act as witnesses under the law in Tennessee
§15-2-104 The last Sunday in August of each year is to be especially observed as “Family Day,” to bring attention and honor to the importance of the family as the basis of our state and nation.
2
J61
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 17th day of March, 1988.
signed by both witnesses in the presence of the Testator and 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. (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
J61
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 17th day of March, 1988.
Both witnesses were "interested" witnesses and neither witness would give up their benefits from the Will
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
J61
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 17th day of March, 1988.
signed by both witnesses in the presence of the Testator and the presence of each other
§32-2-106 (a) No nuncupative will shall be proved until fourteen (14) days after the death of the testator, nor until process has issued to call in the surviving spouse or next of kin, or both, if conveniently to be found, to contest it. (b) If the surviving spouse and next of kin, or any of them, are not so found or are out of the state, notice shall be given by publication, once a week for four (4) successive weeks, in some newspaper published in the county, or, if none is published in the county, in the one published nearest the courthouse of the county, and this notice shall be a prerequisite to the establishment of the will; also, if residence be known, by mailing a copy of the notice to them at that address by registered mail.
2
J61
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 17th day of March, 1988.
Both witnesses were "interested" witnesses and neither witness wuld give up their benefits from the Will
§50-2-101 (a) As used in this section, “workshops and factories” includes manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, department stores, or any kind of establishment where labor is employed or machinery is used; provided, that domestic service and agricultural pursuits are excluded. (b) It is unlawful for any proprietor, foreman, owner or other person to employ, permit or suffer to work for hire, in, about, or in connection with any workshop or factory any person whatsoever without first informing the employee of the amount of wages to be paid for the labor. This shall not apply to farm labor. Nothing in this section shall apply to railroad companies engaged in interstate commerce and subject to the federal Railway Labor Act, compiled in 45 U.S.C. § 151 et seq. (c) (1) The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to inform any employee of the wages to be paid as provided in this section is a Class C misdemeanor. (2) Nothing in this section shall be so construed to preclude the employment of any person or persons on a piece-work basis or on a commission basis. (d) The department of labor and workforce development shall enforce this section.
2
J61
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 17th day of March, 1988.
Both witnesses were "interested" witnesses and neither witness wuld give up their benefits from the Will
§55-9-204(a) (a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
2
J78
If my husband, [Person-2], fails to survive me, then and in that event, I give, devise and bequeath my entire estate, real, personal, or mixed, of whatever nature and wheresoever situated, equally, per stirpes to: 1. [Person-3] (son); 2. [Person-4] (grandson); 3. [Person-5] (husband's daughter). I remember my husband's daughter [Person-6], but I consciously choose to leave her nothing herein.
Person 2 did not survive the Testator, there was no contrary intent expressed by the Testator prior to Testator's death. Will was executed under the relevant laws of the state of Tennessee.
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. (b) If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
1
J78
If my husband, [Person-2], fails to survive me, then and in that event, I give, devise and bequeath my entire estate, real, personal, or mixed, of whatever nature and wheresoever situated, equally, per stirpes to: 1. [Person-3] (son); 2. [Person-4] (grandson); 3. [Person-5] (husband's daughter). I remember my husband's daughter [Person-6], but I consciously choose to leave her nothing herein.
Testator manifested contrary intent subsequent the execution of this Will and prior to the Testator's death.
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. (b) If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
0
J78
If my husband, [Person-2], fails to survive me, then and in that event, I give, devise and bequeath my entire estate, real, personal, or mixed, of whatever nature and wheresoever situated, equally, per stirpes to: 1. [Person-3] (son); 2. [Person-4] (grandson); 3. [Person-5] (husband's daughter). I remember my husband's daughter [Person-6], but I consciously choose to leave her nothing herein.
Person 2 did not survive the Testator, there was no contrary intent expressed by the Testator prior to Testator's death. Will was executed under the relevant laws of the state of Tennessee.
32-11-101. Short title. This chapter shall be known and may be cited as the “Tennessee Right to Natural Death Act.”
2
J78
If my husband, [Person-2], fails to survive me, then and in that event, I give, devise and bequeath my entire estate, real, personal, or mixed, of whatever nature and wheresoever situated, equally, per stirpes to: 1. [Person-3] (son); 2. [Person-4] (grandson); 3. [Person-5] (husband's daughter). I remember my husband's daughter [Person-6], but I consciously choose to leave her nothing herein.
Testator manifested contrary intent subsequent the execution of this Will and prior to the Testator's death.
32-11-111. Living wills executed outside Tennessee — When effective. 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
J78
If my husband, [Person-2], fails to survive me, then and in that event, I give, devise and bequeath my entire estate, real, personal, or mixed, of whatever nature and wheresoever situated, equally, per stirpes to: 1. [Person-3] (son); 2. [Person-4] (grandson); 3. [Person-5] (husband's daughter). I remember my husband's daughter [Person-6], but I consciously choose to leave her nothing herein.
Person 2 did not survive the Testator, there was no contrary intent expressed by the Testator prior to Testator's death. Will was executed under the relevant laws of the state of Tennessee.
33-9-106. Power of agent. An appointed agent who receives the fugitive into custody shall be empowered to transmit the person to the state from which the person fled.
2
J16
I name, nominate and appoint [Person-2] Executor of this my will and estate, and direct that he be allowed to serve without bond and without accounting to any Court. If for any reason [Person-2] is unable to serve as Executor, then I name and appoint [Person-19] and [Person-20], as Co-Executors, also to serve without bond and without accounting to any Court.
Executor is over 18 years of age, has not served a prison sentence and no contrary intent has been expressed by the Testator.
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
J16
I name, nominate and appoint [Person-2] Executor of this my will and estate, and direct that he be allowed to serve without bond and without accounting to any Court. If for any reason [Person-2] is unable to serve as Executor, then I name and appoint [Person-19] and [Person-20], as Co-Executors, also to serve without bond and without accounting to any Court.
Executor is 16 at the time of Testator's death
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.
0
J16
I name, nominate and appoint [Person-2] Executor of this my will and estate, and direct that he be allowed to serve without bond and without accounting to any Court. If for any reason [Person-2] is unable to serve as Executor, then I name and appoint [Person-19] and [Person-20], as Co-Executors, also to serve without bond and without accounting to any Court.
Executor is over 18 years of age, has not served a prison sentence and no contrary intent has been expressed by the Testator.
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
J16
I name, nominate and appoint [Person-2] Executor of this my will and estate, and direct that he be allowed to serve without bond and without accounting to any Court. If for any reason [Person-2] is unable to serve as Executor, then I name and appoint [Person-19] and [Person-20], as Co-Executors, also to serve without bond and without accounting to any Court.
Executor is 16 at the time of Testator's death
§35-3-111 Trustees, guardians and other fiduciaries may also invest in or lend on the following obligations issued by the following authorized federal agencies: (1) Bonds and/or debentures issued by a federal home loan bank organized under the “Federal Home Loan Bank Act” (47 Stat. 725, 12 U.S.C. § 1421 et seq.); (2) Stock of federal savings and loan associations organized under the “Home Owner's Loan Act of 1933” (48 Stat. 128, 12 U.S.C. § 1461 et seq.), and amendments to that act, and/or building and loan associations, licensed to do business in Tennessee, where the stock of the associations is insured by the federal savings and loan insurance corporation; (3) Notes, bonds, debentures or other obligations issued under title IV of the act of congress of the United States entitled “National Housing Act,” approved June 27, 1934 (48 Stat. 1246, 12 U.S.C. § 1701 et seq.), and any amendments thereto; and (4) Mortgages guaranteed or insured under title III of the act of congress of the United States, entitled “Servicemen's Readjustment Act of 1944,” approved June 22, 1944 (58 Stat. 284, 38 U.S.C. § 1801 et seq. [repealed]), and any amendments thereto.
2
J16
I name, nominate and appoint [Person-2] Executor of this my will and estate, and direct that he be allowed to serve without bond and without accounting to any Court. If for any reason [Person-2] is unable to serve as Executor, then I name and appoint [Person-19] and [Person-20], as Co-Executors, also to serve without bond and without accounting to any Court.
Executor is 16 at the time of Testator's death
§ 40-6-102 A search warrant may be issued on any one (1) of the following grounds: (1) Where the property was stolen or embezzled; (2) Where the property was used as the means of committing a felony; (3) Where the property is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the person may have delivered it, for the purpose of concealing it, or preventing its discovery; and (4) Any other ground provided by law.
2
J50
IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and Testament in Lauderdale County, Tennessee, on this 25th day of May, 2000.
The Testator signed in front of at least 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. (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
J50
IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and Testament in Lauderdale County, Tennessee, on this 25th day of May, 2000.
The Testator did not sign the Will in front of any 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. (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.
0
J50
IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and Testament in Lauderdale County, Tennessee, on this 25th day of May, 2000.
The Testator signed in front of at least two witnesses
31-7-108. Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
2
J50
IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and Testament in Lauderdale County, Tennessee, on this 25th day of May, 2000.
The Testator did not sign the Will in front of any witnesses
§28-2-102 Any person, and those claiming under such person neglecting for the term of seven (7) years to avail themselves of the benefit of any title, legal or equitable, by action at law or in equity, effectually prosecuted against the person in possession, under recorded assurance of title, as in § 28-2-101, are forever barred.
2
J50
IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and Testament in Lauderdale County, Tennessee, on this 25th day of May, 2000.
The Testator signed in front of at least two witnesses
§29-2-101 (a) No action shall be brought: (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate; (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
2
J57
I am making certain specific bequests of personal items according to a letter which is attached and made a part of this will.
The written list is both written in the Testator's handwriting and 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.
1
J57
I am making certain specific bequests of personal items according to a letter which is attached and made a part of this will.
The writing was not in the handwriting of the Testator, the list was not dated, nor was it 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
J57
I am making certain specific bequests of personal items according to a letter which is attached and made a part of this will.
The written list is both written in the Testator's handwriting and signed by the Testator
§37-1-209 All moneys derived from fees, fines and costs assessed by the judge and collected by the clerk shall be paid to the county, or, in the case of a juvenile court serving more than one (1) county, revenue shall be disbursed in accordance with the contract between the various county governments.
2
J57
I am making certain specific bequests of personal items according to a letter which is attached and made a part of this will.
The writing was not in the handwriting of the Testator, the list was not dated, nor was it signed by the Testator.
§45-2-404 The board of directors of a state bank may not declare dividends in any calendar year that exceeds the total of its net income of that year combined with its retained net income of the preceding two (2) years without the prior approval of the commissioner.
2
J57
I am making certain specific bequests of personal items according to a letter which is attached and made a part of this will.
The writing was not in the handwriting of the Testator, the list was not dated, nor was it signed by the Testator.
§29-2-101 (a) No action shall be brought: (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate; (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
2
J48
I hereby direct my Co-Executors to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The Executors are both able to serve as executors in the state of Tennessee and no contrary intention was expressed by the Testator after executing this Will and prior to Testator's death.
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: (1) In behalf of the estate, to join the testator's or settlor's spouse (if living), or the personal representative of the estate of the testator's or settlor's spouse (if deceased), in the execution and filing of a joint income tax return to the United States, or to the state of Tennessee, or any other governmental taxing authority (or a joint gift tax return, if and when such a joint return is authorized by law), if the fiduciary, in the exercise of the fiduciary's best judgment, believes that action to be for the best interests of the estate, or will result in a benefit to the testator's or settlor's spouse (or the estate of the testator's or settlor's spouse) exceeding in amount any monetary loss to the estate that may be caused by the filing; (2) To continue, to the extent and so long as in the exercise of the fiduciary's best judgment it is advisable and for the best interests of the estate so to do, the operation or participation in the operation of any farming, manufacturing, mercantile and/or other business activity or enterprise in which at the time of death the testator or settlor is engaged, either alone or in unincorporated association with others; (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; (4) Pending the administration of the estate, to permit any beneficiary or beneficiaries of the will to have the use, possession and enjoyment, without charge made for the use, possession and enjoyment, (and without the fiduciary thereby relinquishing control of the property), of any real property or tangible personal property of the estate which, upon completion of the administration of the estate, will be distributable to that beneficiary or beneficiaries when, if, and to the extent that, that action will not adversely affect the rights and interests of any creditor of the estate, and in the judgment of the fiduciary it is appropriate that the beneficiary or beneficiaries have the use and enjoyment of the property, notwithstanding that it may be subjected to depreciation in value by reason of the use. The exercise of this power will not constitute a distribution of the property with respect to which it is exercised; and, whether or not exercised, neither the power nor the exercise of the power shall be deemed a constructive or actual distribution of the property to which it relates; (5) During the fiduciary's administration of the estate, and subject to all the other provisions of the instrument, to receive and receipt for all of the assets of the estate, and to have exclusive possession and control of those assets;
1
J48
I hereby direct my Co-Executors to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
One of the Co-Executors went to prison before 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
J48
I hereby direct my Co-Executors to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The Executors are both able to serve as executors in the state of Tennessee and no contrary intention was expressed by the Testator after executing this Will and prior to Testator's death.
§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
J48
I hereby direct my Co-Executors to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
One of the Co-Executors went to prison before Testator's death
§40-26-102 (a) In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary. (b) The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community. (c) Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal. (d) The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure. (e) The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court. (f) If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i), the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings.
2
J48
I hereby direct my Co-Executors to pay all of my just debts, funeral expenses, taxes and other expenses, which shall be probated, registered and allowed against my estate as soon after my death as can be conveniently done.
The Executors are both able to serve as executors in the state of Tennessee and no contrary intention was expressed by the Testator after executing this Will and prior to Testator's death.
§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
J62
[Person-6] and [Person-7] being first 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 17th day of March, 1988. That they witnessed said Last Will and Testament of 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 17th Day of March, 1988.3. That they both verily believe that said [Person-1] was, in their opinion, at the time of the execution of said instrument of legal age, competent and perfectly capable of making a will. WITNESS our hands, this 17th Day of March, 1988.
signed by both witnesses and the Testator in the presence of each other. The witnesses were not interested and otherwise qualified to serve as witnesses in the state of Tennessee.
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
J62
[Person-6] and [Person-7] being first 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 17th day of March, 1988. That they witnessed said Last Will and Testament of 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 17th Day of March, 1988.3. That they both verily believe that said [Person-1] was, in their opinion, at the time of the execution of said instrument of legal age, competent and perfectly capable of making a will. WITNESS our hands, this 17th Day of March, 1988.
One of the two witnesses is interested. The Will was signed by both witnesses and the Testator in the presence of each other.
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.
1
J62
[Person-6] and [Person-7] being first 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 17th day of March, 1988. That they witnessed said Last Will and Testament of 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 17th Day of March, 1988.3. That they both verily believe that said [Person-1] was, in their opinion, at the time of the execution of said instrument of legal age, competent and perfectly capable of making a will. WITNESS our hands, this 17th Day of March, 1988.
signed by both witnesses and the Testator in the presence of each other. The witnesses were not interested and otherwise qualified to serve as witnesses in the state of Tennessee.
§32-1-110 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
J62
[Person-6] and [Person-7] being first 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 17th day of March, 1988. That they witnessed said Last Will and Testament of 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 17th Day of March, 1988.3. That they both verily believe that said [Person-1] was, in their opinion, at the time of the execution of said instrument of legal age, competent and perfectly capable of making a will. WITNESS our hands, this 17th Day of March, 1988.
One of the two witnesses is interested. The Will was signed by both witnesses and the Testator in the presence of each other.
§32-11-105 The declaration may be substantially in the following form, but not to the exclusion of other written and clear expressions of intent to accept, refuse, or withdraw medical care:Click here to view form.
2
J62
[Person-6] and [Person-7] being first 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 17th day of March, 1988. That they witnessed said Last Will and Testament of 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 17th Day of March, 1988.3. That they both verily believe that said [Person-1] was, in their opinion, at the time of the execution of said instrument of legal age, competent and perfectly capable of making a will. WITNESS our hands, this 17th Day of March, 1988.
One of the two witnesses is interested. The Will was signed by both witnesses and the Testator in the presence of each other.
§35-1-102 In addition to the other provisions for the appointment of trustees in this chapter, a public trustee may be appointed by the court pursuant to title 30, chapter 1, part 4.
2
J93
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribig witnesses on this the 13th day of October, 2000.
The Testator did sign the Will in the presence of two qualifying witnesses who also signed the 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.
1
J93
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribig witnesses on this the 13th day of October, 2000.
The Witnesses never signed the 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
J93
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribig witnesses on this the 13th day of October, 2000.
The Testator did sign the Will in the presence of two qualifying witnesses who also signed the Will
29-34-204. Charitable fundraisers — Immunity from suit. If any philanthropic individual; cooperative, corporation, club, association or organization; or director, trustee or member of the governing body of any such cooperative, corporation, club, association or organization; supplies only financial sponsorship or support for another entity's charitable fundraising event and is not, in any way, involved in the management, organization, planning or execution of such event, and if the entity managing, organizing, planning or executing such charitable fundraising event provides liability insurance in an amount not less than one million dollars ($1,000,000) for any single occurrence and three million dollars ($3,000,000) for all occurrences of personal injury or property damage arising from such event, then such individual, cooperative, corporation, club, association, organization, director, trustee or member shall not be liable for any personal injury or damage to property arising from the other entity's charitable fundraising event. However, if such financial sponsorship or support constitutes willful, wanton or gross negligence, then such immunity from suit shall not attach.
2
J93
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribig witnesses on this the 13th day of October, 2000.
The Witnesses never signed the Will
21-1-205. Actual notice to nonresidents. (a) Where publication is made for a nonresident defendant, the clerk of the court in which the suit is filed shall mail a copy of the complaint or, after the first publication, mail a copy of the newspaper clipping containing the publication to the nonresident defendant, directed to the nonresident defendant's last known address; and the clerk shall make an entry upon the clerk's docket so showing. The clerk shall mail the copy of the complaint or published notice by return receipt certified or registered mail. The return of the receipt signed by the defendant or the defendant's duly authorized agent, or its return marked refused, evidenced by appropriate notation of that fact by the postal authorities, and filed as a part of the record by the clerk, with notation on the docket of the true facts, shall be evidence of personal notice. In the event the return receipt does not establish that it was signed by the defendant or the defendant's authorized agent or that the notice was refused, then the court may find through independent proof that the defendant had actual notice in compliance with notice requirements. If the court does not find that the defendant had actual notice, it may order new publication on applicable grounds, or order such other and further action to be taken to give the defendant notice.
2
J93
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribig witnesses on this the 13th day of October, 2000.
The Witnesses never signed the Will
7-1-105. Civil districts. When a metropolitan government is created and established within a county, there shall then be and continue only two (2) civil districts, one (1) consisting of the area embraced in the urban services district and the other consisting of the area of the county other than the urban services district.
2
J95
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribing witnesses on this the 13th day of October, 2000.
The Testator burned this Will with the intent and purpose of revoking it prior to his 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.
0
J95
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribing witnesses on this the 13th day of October, 2000.
The will was executed inside Tennessee
32-11-111. Living wills executed outside Tennessee — When effective. 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
J95
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribing witnesses on this the 13th day of October, 2000.
Subsequent the execution of this Will and prior to Testator's death, the appointed Executor served time in prison.
35-3-103. Federal and state securities. (a) Investments may be made in bonds, notes and stock of the United States and any state and territory of the United States. (b) In the absence of an express provision to the contrary, if an indenture or other governing instrument directs, requires, authorizes or permits investment in United States government obligations, a bank, trust company, trust department or other fiduciary may invest in the obligations, either directly or in the form of securities or other interests in any open end or closed end management type investment company or investment trust registered under the federal Investment Company Act of 1940 (15 U.S.C. § 80a-1 et seq.), if the portfolio of the investment company or investment trust is limited to United States government obligations and to repurchase agreements fully collateralized by the obligations and if the investment company or investment trust actually takes delivery of the collateral, either directly or through an authorized custodian.
2
J95
The ABOVE AND FOREGOING INSTRUMENT was signed by the testator, [Person-1] and by him declared to be his Last Will and Testament, in our sight and presence, and we, at his request and in the sight and presence of him and each other, have hereunto signed our names as attesting and subscribing witnesses on this the 13th day of October, 2000.
Subsequent the execution of this Will and prior to Testator's death, the appointed Executor served time in prison.
35-3-101. Authority of court. The court is authorized to have the money and funds in the hands of clerks and receivers, or trustees, in litigation or under the control of the court, invested under such rules and orders in each case as may be legal and just.
2
J77
Subject to the provisions in Article III, I give, devise and bequeath all of my property, be it real, personal or mixed, of whatever nature and wheresoever situated, which I may own or have the right to dispose of, to my husband, [Person-2], absolutely, for his sole use and benefit.
No contrary intention was made manifest subsequent the execution of this Will
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. (b) If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
1
J77
Subject to the provisions in Article III, I give, devise and bequeath all of my property, be it real, personal or mixed, of whatever nature and wheresoever situated, which I may own or have the right to dispose of, to my husband, [Person-2], absolutely, for his sole use and benefit.
Testator manifested contrary intent subsequent the execution of this Will and prior to the Testator's death.
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. (b) If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
0
J77
Subject to the provisions in Article III, I give, devise and bequeath all of my property, be it real, personal or mixed, of whatever nature and wheresoever situated, which I may own or have the right to dispose of, to my husband, [Person-2], absolutely, for his sole use and benefit.
No contrary intention was made manifest subsequent the execution of this Will
20-18-102. Venue for civil action heard by three-judge panel. Notwithstanding § 4-4-104 and any other law to the contrary, venue for a civil action described in § 20-18-101(a) is the county where the plaintiff resides, or if more than one (1) plaintiff is a party to the action, a county where any plaintiff resides. If the plaintiff in a civil action described in § 20-18-101(a) is not a resident of this state, then venue for the civil action is in Sumner County.
2
J77
Subject to the provisions in Article III, I give, devise and bequeath all of my property, be it real, personal or mixed, of whatever nature and wheresoever situated, which I may own or have the right to dispose of, to my husband, [Person-2], absolutely, for his sole use and benefit.
Testator manifested contrary intent subsequent the execution of this Will and prior to the Testator's death.
31-2-102. Dower and curtesy abolished. Dower and curtesy, as formerly known, are abolished. This section shall neither abridge nor affect rights that have vested before April 1, 1977.
2
J77
Subject to the provisions in Article III, I give, devise and bequeath all of my property, be it real, personal or mixed, of whatever nature and wheresoever situated, which I may own or have the right to dispose of, to my husband, [Person-2], absolutely, for his sole use and benefit.
No contrary intention was made manifest subsequent the execution of this Will
32-11-104. Execution of declaration. (a) Any competent adult person may execute a declaration directing the withholding or withdrawal of medical care to the person, to become effective on loss of competency. The declaration must be in writing and signed by the principal. The declaration is valid if the principal's signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the declaration or by operation of law then existing. The declaration shall contain an attestation clause that attests to the witnesses' compliance with the requirements of this subsection (a). The declaration shall be substantially in the form established in § 32-11-105. It is the intent of the general assembly that this subsection (a) have retroactive application. (b) It is the responsibility of the declarant or someone acting on the declarant's behalf to deliver a copy of the living will or declaration to the attending physician and/or other concerned health care provider. An attending physician who is so notified shall make the declaration, or a copy of it, part of the declarant's medical record.
2
J2
I nominate and appoint [Person-2], to serve as Executor of this my Last Will and Testament, and request that the Court permit him to serve without bond, and that he be relieved of the necessity of filing an inventory, settlement, or any other accounting at any time in any court I direct that he pay all of my just debts, funeral expenses and death taxes out of the assets of my estate as soon as practicable.
The Executor was over 18 at the time the Will was executed and no contrary intent was made manifest by the Testator subsequent the execution of this Will.
§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
J2
I nominate and appoint [Person-2], to serve as Executor of this my Last Will and Testament, and request that the Court permit him to serve without bond, and that he be relieved of the necessity of filing an inventory, settlement, or any other accounting at any time in any court I direct that he pay all of my just debts, funeral expenses and death taxes out of the assets of my estate as soon as practicable.
The executor is 17 at the time of Testator's death
§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
J2
I nominate and appoint [Person-2], to serve as Executor of this my Last Will and Testament, and request that the Court permit him to serve without bond, and that he be relieved of the necessity of filing an inventory, settlement, or any other accounting at any time in any court I direct that he pay all of my just debts, funeral expenses and death taxes out of the assets of my estate as soon as practicable.
The Executor was over 18 at the time the Will was executed and no contrary intent was made manifest by the Testator subsequent the execution of this Will.
§32-11-105 The declaration may be substantially in the following form, but not to the exclusion of other written and clear expressions of intent to accept, refuse, or withdraw medical care:
2
J2
I nominate and appoint [Person-2], to serve as Executor of this my Last Will and Testament, and request that the Court permit him to serve without bond, and that he be relieved of the necessity of filing an inventory, settlement, or any other accounting at any time in any court I direct that he pay all of my just debts, funeral expenses and death taxes out of the assets of my estate as soon as practicable.
The executor is 17 at the time of Testator's death
§37-2-202 The various counties are hereby authorized to establish and operate a department of children's services to take custody and guardianship of the person of any child adjudicated dependent and neglected, unruly or delinquent by a juvenile court and placed in the custody of such department.
2
J2
I nominate and appoint [Person-2], to serve as Executor of this my Last Will and Testament, and request that the Court permit him to serve without bond, and that he be relieved of the necessity of filing an inventory, settlement, or any other accounting at any time in any court I direct that he pay all of my just debts, funeral expenses and death taxes out of the assets of my estate as soon as practicable.
The executor is 17 at the time of Testator's death
§39-12-101 (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be; (2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or (3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense. (b) Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's entire course of action is corroborative of the intent to commit the offense. (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
2
J91
ITEM VIII. I incorporate by reference, as fully as if copied verbatim, all the provisions and powers set forth in Tennessee Code Annotated, Section 35-50-110, which section enumerates the administrative powers that I hereby confer upon any of my legal representatives and all substitutes.
[NO_COND]
35-50-109. Incorporation of § 35-50-110 in will or trust instrument. (a) By a clearly expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing by which a trust estate is created inter vivos, the language contained in the introductory paragraph of § 35-50-110, and in any one (1) or more of subdivisions (1)-(33) of that section, may be, by appropriate reference made to that language, incorporated in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator, or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in § 35-50-110(1)-(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will.
1
J91
ITEM VIII. I incorporate by reference, as fully as if copied verbatim, all the provisions and powers set forth in Tennessee Code Annotated, Section 35-50-110, which section enumerates the administrative powers that I hereby confer upon any of my legal representatives and all substitutes.
This document did not satisfy the legal requirements of a will.
35-50-109. Incorporation of § 35-50-110 in will or trust instrument. (a) By a clearly expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing by which a trust estate is created inter vivos, the language contained in the introductory paragraph of § 35-50-110, and in any one (1) or more of subdivisions (1)-(33) of that section, may be, by appropriate reference made to that language, incorporated in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator, or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in § 35-50-110(1)-(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will.
0
J91
ITEM VIII. I incorporate by reference, as fully as if copied verbatim, all the provisions and powers set forth in Tennessee Code Annotated, Section 35-50-110, which section enumerates the administrative powers that I hereby confer upon any of my legal representatives and all substitutes.
This document did not satisfy the legal requirements of a will.
35-50-120. Blind trust. (a) A trust shall be considered a “blind trust” if the trust is created to benefit an individual, the individual's spouse or any dependent child and is under the management and control of a trustee who is a bank or trust company authorized to exercise fiduciary powers, a licensed attorney or a broker who: (1) Is independent of and not associated with any party interested in the trust; (2) Is not or has not been an employee of any interested party or any organization affiliated with any interested party, and is not a partner of, or involved in any joint venture or other investment with any interested party; and (3) Is not a relative of any party.
2
J91
ITEM VIII. I incorporate by reference, as fully as if copied verbatim, all the provisions and powers set forth in Tennessee Code Annotated, Section 35-50-110, which section enumerates the administrative powers that I hereby confer upon any of my legal representatives and all substitutes.
This document did not satisfy the legal requirements of a will.
61-2-803. Winding up. (a) Unless otherwise provided in the partnership agreement, the general partners who have not wrongfully dissolved a limited partnership or, if none, the limited partners or a person approved by the limited partners or, if there is more than one (1) class or group of limited partners, then by each class or group of limited partners, in either case, by limited partners who own more than fifty percent (50%) of the then current percentage or other interest in the profits of the limited partnership owned by all of the limited partners or by the limited partners in each class or group, as appropriate, may wind up the limited partnership's affairs, but the court of record, upon cause shown, may wind up the limited partnership's affairs upon application of any partner, his legal representative or assignee, and in connection therewith, may appoint a liquidating trustee.
2
J91
ITEM VIII. I incorporate by reference, as fully as if copied verbatim, all the provisions and powers set forth in Tennessee Code Annotated, Section 35-50-110, which section enumerates the administrative powers that I hereby confer upon any of my legal representatives and all substitutes.
This document did not satisfy the legal requirements of a will.
33-9-102. Persons subject to extradition. A person alleged to be mentally ill who is found in this state, having fled from another state, shall, on demand of the executive authority of the state from which the person fled, be presented for return, if at the time of the person’s flight: (1) The person was under detention by law in a facility as a mentally ill person; (2) The person had been previously determined by legal proceedings to be mentally ill, the finding being unreversed and in full force and effect, and the control of the person having been acquired by a court of competent jurisdiction of the state from which the person fled; or (3) The person was subject to detention in the state, being then the person’s legal domicile, personal service of process having been made, based on legal proceedings pending there to have the person declared mentally ill.
2
J89
ITEM VI. All the rest, residue and remainder of my estate I will, give, devise and bequeath equally to [Person-7], [Person-3], [Person-4] , [Person-5] and [Person-6].
All the beneficiaries survived the testator, and the testator didn't manifest a contrary intention during his/her 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.
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