ID
stringlengths 2
5
| statement
stringlengths 45
2.14k
| conditions
stringlengths 9
284
| law
stringlengths 96
3.48k
| classification
int64 0
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]. | Testator had a debt that could only be payed with all his/her 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 |
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. | 36-1-106. Readoption.
(a) Any minor child who was previously adopted under the laws of any jurisdiction may be subsequently readopted in accordance with this part. | 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]. | Testator had a debt that could only be payed with all his/her net estate. | 32-11-105. Form of declaration.
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 |
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. | 32-5-110. Foreign unprobated wills.
(a) Where a foreign will has not been probated in another jurisdiction, any person interested may apply for its probate before the probate court of the county in this state in which the real estate or any part of the real estate is located.
(b) To that end the interested person shall present a petition to the probate court, setting forth the death of the foreign testator, the decedent's ownership of lands in the county, and the fact of the decedent's testacy, whereupon the court shall authorize the taking of such proof as may be necessary to prove the will in accordance with the laws of this state.
(c)
(1) Depositions may be taken either upon interrogatories filed in the court for ten (10) days, or by oral examination at a time and place designated by the court.
(2) No notice shall be required of the taking of the depositions, save any resulting from the making of the order for the depositions by the court.
(3) When the depositions are taken by oral examination, the time that elapses between the making of the order for the depositions and the taking of the depositions shall not be less than the time prescribed for notice for taking depositions under the general laws. | 2 |
J94 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses had an interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other. | 1 |
J94 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses was not qualified to be a witness under Tennessee law. | 32-1-103. Witnesses — Who may act.
(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
(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 |
J94 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses had an interest in will; however, there were two additional disinterested witnesses. Those two disinterested witnesses have signed the will after they witnessed the testator signing his/her will (in the presence of the testator and in the presence of each other). | 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 |
J94 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses was not qualified to be a witness under Tennessee law. | 12-9-110. Contracts for conveyance of property.
(a) Any one (1) or more public agencies may contract with any one (1) or more public agencies for the conveyance or transfer of property, real or personal, if:
(1) The public agency or agencies receiving the conveyance or transfer utilizes the property for a public purpose; and
(2) The governing body of each public agency that is a party to the contract authorizes such conveyance or transfer and determines that the terms and conditions set forth are appropriate.
(b) Any public agency utilizing the authority of this section shall not be required to declare such property surplus prior to the conveyance or transfer, and shall also be exempt from contrary requirements in any budget or purchasing act, public or private." | 2 |
J94 | WE, the UNDERSIGNED, being first duly sworn, make oath that [Person-1],
on the day and date above written, declared and signified to us that the above instrument
was his Last Will and Testament; that he signed said instrument in our sight and presence;
that we, at his request and in the sight and presence of each other, then subscribed our
names thereto as attesting witnesses; that at the time of execution the testator, [Person-1] was more than 18 years of age, of sound mind and disposing memory, and did
not appear under any undue influence; and that the undersigned, each being more than 18
years of age, make and sign this Affidavit at the testator's request on the day and date
above written. | One of the witnesses was not qualified to be a witness under Tennessee law. | 36-5-403. Powers of magistrate.
The magistrate shall have the same authority and power as a circuit court judge to issue any and all process and in conducting hearings and other proceedings in accordance with this part; provided, that all final orders of a magistrate must be reviewed by a judge as provided in § 36-5-405. | 2 |
J33 | IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and testament in Lauderdale County, Tennessee, on this 22nd day of August, 2000. | The Will contains the Testator's signature and witnesses signatures signed in each other's presence. | 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 |
J33 | IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and testament in Lauderdale County, Tennessee, on this 22nd day of August, 2000. | The will does not actually contain the Testator's signature | 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 |
J33 | IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and testament in Lauderdale County, Tennessee, on this 22nd day of August, 2000. | The Will contains the Testator's signature and witnesses signatures signed in each other's presence. | §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 |
J33 | IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and testament in Lauderdale County, Tennessee, on this 22nd day of August, 2000. | The will does not actually contain the Testator's signature | §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 e | 2 |
J33 | IN WITNESS WHEREOF, I have hereto signed, published and declared this instrument as my Last Will and testament in Lauderdale County, Tennessee, on this 22nd day of August, 2000. | The Will contains the Testator's signature and witnesses signatures signed in each other's presence. | §29-3-104
Where such bill or petition is filed by citizens and freeholders, they shall make bond, in such sum as the judge or chancellor shall prescribe, conditioned to pay all costs and damages in the event the court trying the case shall adjudge that the proceeding was instituted without probable cause; but no bond for costs or damages shall be required where the proceeding is instituted by and upon the relation of the attorney general and reporter or a district attorney general or a county or a city attorney. | 2 |
J70 | I, [Person-1], of [Address-1], Cumberland
County, Tennessee, do hereby make, publish and declare this to be
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 |
J70 | I, [Person-1], of [Address-1], Cumberland
County, Tennessee, do hereby make, publish and declare this to be
my Last Will and Testament. | Testator was under 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." | 0 |
J70 | I, [Person-1], of [Address-1], Cumberland
County, Tennessee, do hereby make, publish and declare this to be
my Last Will and Testament. | Testator was over 18 at the time of executing the Will | 30-1-302. Contents of bill.
For the purposes of § 30-1-301, the next of kin, or any creditor of the deceased, may file a bill in the chancery court of the county, setting forth the facts of the case, and that no person can be procured to administer on the estate, agreeably to the laws in force, and praying that an administrator be appointed, with such other specific prayers as are required, and for general relief. | 2 |
J70 | I, [Person-1], of [Address-1], Cumberland
County, Tennessee, do hereby make, publish and declare this to be
my Last Will and Testament. | Testator was under 18 at the time of executing the Will | 27-3-128. Remand for correction of record.
The court shall also, in all cases, where, in its opinion, complete justice cannot be had by reason of some defect in the record, want of proper parties, or oversight without culpable negligence, remand the cause to the court below for further proceedings, with proper directions to effectuate the objects of the order, and upon such terms as may be deemed right. | 2 |
J70 | I, [Person-1], of [Address-1], Cumberland
County, Tennessee, do hereby make, publish and declare this to be
my Last Will and Testament. | Testator was under 18 at the time of executing the Will | 22-2-307. Summoning jurors.
(a) The sheriff shall summon jurors by first class mail sent to the regular address of each member of the jury pool, giving notice of such person's selection for jury duty. The summons shall be mailed to the regular address at least ten (10) days prior to the date fixed for such person's appearance for jury service.
(b) Notwithstanding subsection (a), the sheriff may summon jurors by personal service.
(c) The jury coordinator shall provide sufficient information regarding the members of the jury pool to enable the sheriff to summon the jurors pursuant to this section.
(d) Notwithstanding subsections (a)-(c), the jury coordinator may, at the coordinator's discretion, summon the jurors by first class mail without the assistance of the sheriff. | 2 |
J74 | 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. | Will was properly executed and no contrary will was expressed by the Testator. | 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 |
J74 | 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. | Person-2 died prior to Testator's death. | 32-3-105. Death of devisee or legatee before death of testator.
(a) Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.
(b) Subsection (a) shall apply also to a revocable (living) trust that became irrevocable upon the death of its settlor or grantor. The surviving issue of a beneficiary who predeceased a settlor or grantor shall take the trust interest the beneficiary would have received had the beneficiary survived the settlor or grantor, unless the trust agreement provides otherwise. | 0 |
J74 | 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. | Will was properly executed and no contrary will was expressed by the Testator. | 16-3-102. Chief justice.
After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice. | 2 |
J74 | 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. | Person-2 died prior to Testator's death. | 16-20-105. Immunity from suit.
(a) Members of the board of directors of a victim-offender mediation center are immune from suit in any civil action based on any proceedings or other official acts performed in good faith as members of the board.
(b) Employees and volunteers of a center are immune from suit in any civil action based on any proceedings or other official acts performed in their capacity as employees or volunteers, except in cases of willful or wanton misconduct.
(c) A center is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members or its board of directors, except in cases of:
(1) Willful or wanton misconduct by its employees or volunteers; and
(2) Official acts performed in bad faith by members of its board. | 2 |
J74 | 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. | Will was properly executed and no contrary will was expressed by the Testator. | 57-5-303. Violation of law, rule or regulation — Penalties.
(a) Any violation of this chapter or rule or regulation of the commissioner of revenue or the violations of any rule or regulation of a county legislative body, metropolitan council or city legislative body relative to the conducting of the beer or like beverage business as defined in § 57-5-101 is a Class C misdemeanor where the penalty is not otherwise fixed.
(b) A violation of this section involving either unlawful possession or illegal transportation, or both, of over one hundred (100) cases of twenty-four (24) twelve ounce (12 oz.) cans of beer or other light alcoholic beverage, or the equivalent thereof with respect to quantity or the kinds of containers, is a Class E felony.
(c) Upon the second conviction of any person engaging in a business regulated under this chapter of making, or permitting to be made, any sale of alcoholic beverages, beer or wine to a person under twenty-one (21) years of age in violation of this chapter, such person is guilty of a Class E felony. In addition, upon the second such conviction, the permit or license of such person shall be automatically and permanently revoked regardless of any other punishment actually imposed.
(d) Each violation of this chapter shall constitute a separate and distinct offense. | 2 |
J84 | ITEM I. I [Person-1] will and direct that all my just and lawful debts shall be paid by my
personal representative hereinafter named as soon after my death as practicable, including
the expenses of my last illness, the expenses of my funeral, and the expenses of the
administration of my estate. | 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 |
J84 | ITEM I. I [Person-1] will and direct that all my just and lawful debts shall be paid by my
personal representative hereinafter named as soon after my death as practicable, including
the expenses of my last illness, the expenses of my funeral, and the expenses of the
administration of my estate. | The personal representative declined to serve as such for this Testator. | 30-1-112. Resignation of personal representative.
(a) Any named executor in a decedent's last will and testament may decline to serve as such personal representative by filing a sworn statement, or a statement under penalty of perjury, with the court.
(b) Any personal representative may resign and relinquish trust in the following manner:
(1) Filing Petition. The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign;
(2) Notice to Legatees, etc. When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable;
(3) Petitioner to Settle Accounts — New Administrator. After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond. | 0 |
J84 | ITEM I. I [Person-1] will and direct that all my just and lawful debts shall be paid by my
personal representative hereinafter named as soon after my death as practicable, including
the expenses of my last illness, the expenses of my funeral, and the expenses of the
administration of my estate. | 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. | 30-1-117. Petition and documents required to be filed with application for letters.
(a) To apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing the following information and documents shall be filed with the court:
(1) The identity of the petitioner;
(2) The decedent's name, age, if known, date and place of death, and residence at time of death;
(3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent;
(4) A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate;
(5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition;
(6) The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability;
(7) An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute;
(8) If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law;
(9) If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will; and
(10) The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary.
(b) No notice of the probate proceeding shall be required except for probate in solemn form, which shall require due notice in the manner provided by law to all persons interested. | 2 |
J84 | ITEM I. I [Person-1] will and direct that all my just and lawful debts shall be paid by my
personal representative hereinafter named as soon after my death as practicable, including
the expenses of my last illness, the expenses of my funeral, and the expenses of the
administration of my estate. | The personal representative declined to serve as such for this Testator. | 30-1-301. Jurisdiction.
The chancery court of the county in which any person resided at the time of the decedent's death, or in which the decedent's estate, goods, and chattels or effects were at the time of the decedent's death, may appoint an administrator when six (6) months have elapsed from the death, and no person will apply or can be procured to administer on the decedent's estate. | 2 |
J84 | ITEM I. I [Person-1] will and direct that all my just and lawful debts shall be paid by my
personal representative hereinafter named as soon after my death as practicable, including
the expenses of my last illness, the expenses of my funeral, and the expenses of the
administration of my estate. | The personal representative declined to serve as such for this Testator. | 32-11-109. Willful misconduct — Penalty.
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 |
J60 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in Lauderdale County, Tennessee, on this 17th Day of March, 1988. | The Testator was signed in front of 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 |
J60 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in Lauderdale County, Tennessee, on this 17th Day of March, 1988. | The Testator signed the will, at the time the Testator was 16 years of age | 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 |
J60 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in Lauderdale County, Tennessee, on this 17th Day of March, 1988. | The Testator was signed in front of two witnesses | §32-1-111
(a) Married women, after February 15, 1941, may dispose of their property by will according to §§ 32-1-101 — 32-1-108.
(b) Wills executed on or before February 15, 1941, by married women twenty-one (21) years of age or over, are valid to dispose of their realty or personalty, legal or equitable, in as complete manner as if executed by femes sole. | 2 |
J60 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in Lauderdale County, Tennessee, on this 17th Day of March, 1988. | The Testator signed the will, at the time the Testator was 16 years of age | §34-6-103
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successor in interest as if the principal were competent and not disabled. | 2 |
J60 | IN WITNESS WHEREOF, I have hereunto signed, published
and declared this instrument as my Last Will and Testament, in Lauderdale County, Tennessee, on this 17th Day of March, 1988. | The Testator was signed in front of two witnesses | §36-3-602
(a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, or sexual assault, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent.
(b) Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem.
(c) Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking or sexual assault occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides. | 2 |
J76 | 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 andidentified 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 executor is qualified to serve as a fiduciary under the laws of Tennessee. | 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 |
J76 | 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 andidentified 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. | Executor declined to serve subsequent the execution of this Will | 30-1-112. Resignation of personal representative.
(a) Any named executor in a decedent's last will and testament may decline to serve as such personal representative by filing a sworn statement, or a statement under penalty of perjury, with the court.
(b) Any personal representative may resign and relinquish trust in the following manner:
(1) Filing Petition. The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign;
(2) Notice to Legatees, etc. When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable;
(3) Petitioner to Settle Accounts — New Administrator. After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond. | 0 |
J76 | 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 andidentified 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 executor is qualified to serve as a fiduciary under the laws of Tennessee. | 30-1-106. Preference in granting of letters.
When any person dies intestate in this state, administration shall be granted to the spouse of that person, if the spouse makes application for administration. For want of application for administration upon the part of the spouse, the administration shall be granted to the next of kin, if such next of kin apply for it. If neither the spouse nor next of kin make application for administration, then administration shall be granted to a creditor proving the decedent's debt on oath before the probate court; provided, that when there is more than one next of kin, the probate court may decide which of the kin shall be entitled to the administration. | 2 |
J76 | 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 andidentified 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. | Executor declined to serve subsequent the execution of this Will | 26-3-102. Growing crops.
A levy may be made upon a growing crop, but not until November 15 after such crop is matured, and then only subject to the landlord's lien, if any. If, however, the owner of the crop absconds, conceals their whereabouts, or leaves the country, an attachment or execution may be levied on a standing crop at any time. | 2 |
J76 | 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 andidentified 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 executor is qualified to serve as a fiduciary under the laws of Tennessee. | 20-12-102. Litigation tax.
Litigation taxes shall be payable as required by §§ 67-4-602 — 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs. | 2 |
J39 | I, [Person-10], a notary public for the County of Lauderdale, State of Tennessee, certify that [Person-1] signed this document before me on August 21, 2000.
Will's execution was witnessed and signed by [Person-11] & [Person-12]. | The witnesses and testator signed and executed this Will in the presence of each other. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other.
(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 |
J39 | I, [Person-10], a notary public for the County of Lauderdale, State of Tennessee, certify that [Person-1] signed this document before me on August 21, 2000.
Will's execution was witnessed and signed by [Person-11] & [Person-12]. | the signature of the testator was not done in the presence of the 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. | 0 |
J39 | I, [Person-10], a notary public for the County of Lauderdale, State of Tennessee, certify that [Person-1] signed this document before me on August 21, 2000.
Will's execution was witnessed and signed by [Person-11] & [Person-12]. | The witnesses and testator signed and executed this Will in the presence of each other. | §32-11-113
(a) A living will entered into before July 1, 2004, under this chapter shall be given effect and interpreted in accord with this chapter.
(b) A living will entered into on or after July 1, 2004, that evidences an intent that it is entered into under this chapter shall be given effect and interpreted in accord with this chapter.
(c) A living will entered into on or after July 1, 2004, that does not evidence an intent that it is entered into under this chapter may, if it complies with the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18, be given effect as an individual instruction under that act. | 2 |
J39 | I, [Person-10], a notary public for the County of Lauderdale, State of Tennessee, certify that [Person-1] signed this document before me on August 21, 2000.
Will's execution was witnessed and signed by [Person-11] & [Person-12]. | the signature of the testator was not done in the presence of the two witnesses | §35-3-102
All trustees, guardians and other fiduciaries in this state, unless prohibited, or another mode of investment is prescribed by the will or deed of the testator or other person establishing the trust, may invest all funds in their hands in securities specified in §§ 35-3-103 — 35-3-111, and may also invest funds in income-producing commercial or residential property. | 2 |
J39 | I, [Person-10], a notary public for the County of Lauderdale, State of Tennessee, certify that [Person-1] signed this document before me on August 21, 2000.
Will's execution was witnessed and signed by [Person-11] & [Person-12]. | the signature of the testator was not done in the presence of the two witnesses | §15-2-102
The second Sunday of May of each year is to be especially observed as “Mothers' Day.” | 2 |
J22 | In all other respects I do hereby ratify, reaffirm
and republish my Last Will and Testament dated September 21, 1998.
IN Wtness Whereof, I have hereunto signed, published and declared this instrument as a Codicil to my Last Will and Testament in Lauderdale County, Tennessee, on this 4th day of April, 2000 | Testator signed this codicil along with two witnesses | 32-1-201. Actions effecting a revocation of will.
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2) Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3) Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4) Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will. | 1 |
J22 | In all other respects I do hereby ratify, reaffirm
and republish my Last Will and Testament dated September 21, 1998.
IN Wtness Whereof, I have hereunto signed, published and declared this instrument as a Codicil to my Last Will and Testament in Lauderdale County, Tennessee, on this 4th day of April, 2000 | Testator did not sign ths addition or codicil nor did any witnesses sign this documnt | 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 |
J22 | In all other respects I do hereby ratify, reaffirm
and republish my Last Will and Testament dated September 21, 1998.
IN Wtness Whereof, I have hereunto signed, published and declared this instrument as a Codicil to my Last Will and Testament in Lauderdale County, Tennessee, on this 4th day of April, 2000 | Testator signed this codicil along with two witnesses | §32-1-113(a)
(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. | 2 |
J22 | In all other respects I do hereby ratify, reaffirm
and republish my Last Will and Testament dated September 21, 1998.
IN Wtness Whereof, I have hereunto signed, published and declared this instrument as a Codicil to my Last Will and Testament in Lauderdale County, Tennessee, on this 4th day of April, 2000 | Testator did not sign ths addition or codicil nor did any witnesses sign this documnt | §32-5-110
(a) Where a foreign will has not been probated in another jurisdiction, any person interested may apply for its probate before the probate court of the county in this state in which the real estate or any part of the real estate is located. | 2 |
J22 | In all other respects I do hereby ratify, reaffirm
and republish my Last Will and Testament dated September 21, 1998.
IN Wtness Whereof, I have hereunto signed, published and declared this instrument as a Codicil to my Last Will and Testament in Lauderdale County, Tennessee, on this 4th day of April, 2000 | Testator signed this codicil along with two witnesses | §60-1-301
(a) There is levied a severance tax on all gas and oil removed from the ground in Tennessee. The measure of the tax for such gas and oil shall be three percent (3%) of the sale price of such gas and oil. Every person actually engaged in severing oil or gas, or actually operating oil or gas property under contracts or agreements requiring direct payments to the owners of any royalty interest, excess royalty or working interest, either in money or otherwise, shall be liable for the tax imposed by this section and shall, prior to making any such payments, withhold from any quantity or amount due the amount of tax due pursuant to this section.
(b) The tax shall be levied for the use and benefit of the state, as well as the county governments and one third (⅓) of all revenues collected from the tax shall be allocated to the county which was the site of the wellhead for that gas or oil. The remaining two thirds (⅔) of such revenues shall be deposited to the credit of the state treasurer as a part of the general funds of the state.
(c) No other tax shall be imposed on such gas and oil by the state, counties or any other political subdivision of the state; provided, however, that:
(1) Free gas used by the property owner or tenant under the terms of the lease, unless it be in lieu of cash payment; and
(2) Gas which has been injected into the ground for underground storage and thereafter withdrawn shall not be subject to this, or any taxation. | 2 |
J38 | My next request is that they distribute my personal
belongings among my children according to my last wishes.
1. The shed on my property goes to my son-in-law [Person-4], because he has paid half of the cost of the shed,
therefore I am giving him my half.
2.To my grandson, [Person-5] -- I give my house and its
property with a lifetime dowery going to his mother [Person-6]. Whereas she is responsible for the upkeep and
finishing payments of the house. If the house needs to be sold
all proceeds will go toward buying a new home, for which, it
is to go to [Person-4] on the dayhe turns 18.
3.To my son [Person-6] -- I am giving him my cedar chest.
4.To my daughter [Person-7] --I am acknowledging that she
is my daughter, but I feel that all she deserves from me is
ONE DOLLAR.
5.To my daughter [Person-8] -- I give her my china cabinet
6.To my daughter[Person -9] -- I give her my buffet.
7.To my daughter [Person-3] -- I give her my bedroom suit.
8.To my daughter [Person-3] --I give the rest of my
belongings to her to do as she sees fit. | no contrary intention was manifest during the testator's life | 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 |
J38 | My next request is that they distribute my personal
belongings among my children according to my last wishes.
1. The shed on my property goes to my son-in-law [Person-4], because he has paid half of the cost of the shed,
therefore I am giving him my half.
2.To my grandson, [Person-5] -- I give my house and its
property with a lifetime dowery going to his mother [Person-6]. Whereas she is responsible for the upkeep and
finishing payments of the house. If the house needs to be sold
all proceeds will go toward buying a new home, for which, it
is to go to [Person-4] on the dayhe turns 18.
3.To my son [Person-6] -- I am giving him my cedar chest.
4.To my daughter [Person-7] --I am acknowledging that she
is my daughter, but I feel that all she deserves from me is
ONE DOLLAR.
5.To my daughter [Person-8] -- I give her my china cabinet
6.To my daughter[Person -9] -- I give her my buffet.
7.To my daughter [Person-3] -- I give her my bedroom suit.
8.To my daughter [Person-3] --I give the rest of my
belongings to her to do as she sees fit. | The surviving spouse elected against the testator's Will and was not mentioned otherwise in the Will. | 31-4-101. Right to elective share.
(a)(1) The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent's will, has a right of election, unless limited by subsection (c), to take an elective-share amount equal to the value of the decedent's net estate as defined in subsection (b), determined by the length of time the surviving spouse and the decedent were married to each other, in accordance with the following schedule:
If the decedent and the surviving spouseThe elective-share
were married to each other:percentage is:
less than 3 years10% of the net estate
3 years but less than 6 years20% of the net estate
6 years but less than 9 years30% of the net estate
9 years or more40% of the net estate
(2) For purposes of determining the total number of years to be applied to the computation provided in subdivision (a)(1), the number of years persons are married to the same person shall be combined. The years do not have to be consecutive, but may be separated by divorce. All years married shall be counted toward the total number of years for purposes of this section.
(b) The value of the net estate includes all of the decedent's real property, notwithstanding § 31-2-103, and personal property subject to disposition under the decedent's will or the laws of intestate succession, reduced by the following: secured debts to the extent that secured creditors are entitled to realize on the applicable collateral, funeral and administration expenses, and award of exempt property, homestead allowance and year's support allowance. The net estate does not include any assets over which the decedent held a power of appointment, whether exercised or not, unless the decedent exercises the power of appointment to direct the assets to be paid to the decedent's personal representative for administration as part of the decedent's probate estate.
(c) After the elective-share amount has been determined in accordance with subsections (a) and (b), the amount payable to the surviving spouse by the estate shall be reduced by the value of all assets includable in the decedent's gross estate that were transferred, or deemed transferred, to the surviving spouse or that were for the benefit of the surviving spouse, but excluding the homestead allowance, exempt property and year's support allowance. For purposes of this subsection (c), the decedent's gross estate shall be determined by the court in the same manner as for inheritance tax purposes pursuant to title 67, chapter 8, part 3, except that the value of any life estate or trust for the lifetime benefit of the surviving spouse shall be actuarially determined.
(d) The elective-share amount payable to the surviving spouse is exempt from the claims of unsecured creditors of the decedent's estate and, notwithstanding § 30-2-614(b) or (e), shall not be allocated to any United States or any state estate, inheritance or other death transfer tax if the elective share amount qualifies for and is used as a marital deduction in determining the decedent's death tax liability under any applicable estate, inheritance or other death transfer tax statute. | 0 |
J38 | My next request is that they distribute my personal
belongings among my children according to my last wishes.
1. The shed on my property goes to my son-in-law [Person-4], because he has paid half of the cost of the shed,
therefore I am giving him my half.
2.To my grandson, [Person-5] -- I give my house and its
property with a lifetime dowery going to his mother [Person-6]. Whereas she is responsible for the upkeep and
finishing payments of the house. If the house needs to be sold
all proceeds will go toward buying a new home, for which, it
is to go to [Person-4] on the dayhe turns 18.
3.To my son [Person-6] -- I am giving him my cedar chest.
4.To my daughter [Person-7] --I am acknowledging that she
is my daughter, but I feel that all she deserves from me is
ONE DOLLAR.
5.To my daughter [Person-8] -- I give her my china cabinet
6.To my daughter[Person -9] -- I give her my buffet.
7.To my daughter [Person-3] -- I give her my bedroom suit.
8.To my daughter [Person-3] --I give the rest of my
belongings to her to do as she sees fit. | no contrary intention was manifest during the testator's life | §42-2-203(a)
(a) Technical Services of the Department. The department may, insofar as it is reasonably possible, make available the engineering and other technical services of the department, with or without charge, to any municipality, whether acting alone or with any other municipality or with the state, or person desiring them, in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports, air navigation facilities, avigation easements or the acquisition, lighting, marking, or elimination of airport hazards. | 2 |
J38 | My next request is that they distribute my personal
belongings among my children according to my last wishes.
1. The shed on my property goes to my son-in-law [Person-4], because he has paid half of the cost of the shed,
therefore I am giving him my half.
2.To my grandson, [Person-5] -- I give my house and its
property with a lifetime dowery going to his mother [Person-6]. Whereas she is responsible for the upkeep and
finishing payments of the house. If the house needs to be sold
all proceeds will go toward buying a new home, for which, it
is to go to [Person-4] on the dayhe turns 18.
3.To my son [Person-6] -- I am giving him my cedar chest.
4.To my daughter [Person-7] --I am acknowledging that she
is my daughter, but I feel that all she deserves from me is
ONE DOLLAR.
5.To my daughter [Person-8] -- I give her my china cabinet
6.To my daughter[Person -9] -- I give her my buffet.
7.To my daughter [Person-3] -- I give her my bedroom suit.
8.To my daughter [Person-3] --I give the rest of my
belongings to her to do as she sees fit. | The surviving spouse elected against the testator's Will and was not mentioned otherwise in the Will. | §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 |
J38 | My next request is that they distribute my personal
belongings among my children according to my last wishes.
1. The shed on my property goes to my son-in-law [Person-4], because he has paid half of the cost of the shed,
therefore I am giving him my half.
2.To my grandson, [Person-5] -- I give my house and its
property with a lifetime dowery going to his mother [Person-6]. Whereas she is responsible for the upkeep and
finishing payments of the house. If the house needs to be sold
all proceeds will go toward buying a new home, for which, it
is to go to [Person-4] on the dayhe turns 18.
3.To my son [Person-6] -- I am giving him my cedar chest.
4.To my daughter [Person-7] --I am acknowledging that she
is my daughter, but I feel that all she deserves from me is
ONE DOLLAR.
5.To my daughter [Person-8] -- I give her my china cabinet
6.To my daughter[Person -9] -- I give her my buffet.
7.To my daughter [Person-3] -- I give her my bedroom suit.
8.To my daughter [Person-3] --I give the rest of my
belongings to her to do as she sees fit. | The surviving spouse elected against the testator's Will and was not mentioned otherwise in the Will. | §32-5-107
Any copy of a will from another state, District of Columbia or territory shall be authenticated in the manner prescribed by 28 U.S.C. §§ 1738 and 1739. | 2 |
J71 | I [Person-1] hereby expressly revoke and cancel any and all
other Wills, Codicils and/or testamentary dispositions heretofore
made by me. | No subsequent will was created, testator had no remarriages and no monir children at the time of death. | 32-1-201. Actions effecting a revocation of will.
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2) Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3) Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4) Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will. | 1 |
J71 | I [Person-1] hereby expressly revoke and cancel any and all
other Wills, Codicils and/or testamentary dispositions heretofore
made by me. | Testator was divorced and remarried after executing this Will. | 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 |
J71 | I [Person-1] hereby expressly revoke and cancel any and all
other Wills, Codicils and/or testamentary dispositions heretofore
made by me. | No subsequent will was created, testator had no remarriages and no monir children at the time of death. | 23-1-109. Party acting as own attorney.
Any person may conduct and manage the person's own case in any court of this state. | 2 |
J71 | I [Person-1] hereby expressly revoke and cancel any and all
other Wills, Codicils and/or testamentary dispositions heretofore
made by me. | Testator was divorced and remarried after executing this Will. | 24-1-201. Married persons.
(a) In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding.
(b) In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings.
(c)
(1) In a criminal proceeding a marital confidential communication shall be privileged if:
(A) The communications originated in a confidence that they will not be disclosed;
(B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties;
(C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and
(D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
(2) Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. | 2 |
J71 | I [Person-1] hereby expressly revoke and cancel any and all
other Wills, Codicils and/or testamentary dispositions heretofore
made by me. | No subsequent will was created, testator had no remarriages and no monir children at the time of death. | 24-9-135. Persons before whom depositions to be taken.
Depositions taken in this state that are to be used in its courts shall be taken before:
(1) A hearing examiner;
(2) A judge, clerk, commissioner, or official reporter of a court;
(3) A licensed court reporter;
(4) A notary public; or
(5) Before other persons and under other circumstances authorized by law. | 2 |
J37 | My first request is that they [Person-2] and [Person-3] are to take care of all of my
funeral arrangements, of which they know. | Executors 1 and 2 were over 18 and otherwise qualified to serve as executors of the Testator's estate 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 |
J37 | My first request is that they [Person-2] and [Person-3] are to take care of all of my
funeral arrangements, of which they know. | Prior to Testator's death, Executors 1 and 2 were imprisoned in the state of Tennessee | 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 |
J37 | My first request is that they [Person-2] and [Person-3] are to take care of all of my
funeral arrangements, of which they know. | Executors 1 and 2 were over 18 and otherwise qualified to serve as executors of the Testator's estate in the state of Tennessee. | §32-2-103
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 |
J37 | My first request is that they [Person-2] and [Person-3] are to take care of all of my
funeral arrangements, of which they know. | Prior to Testator's death, Executors 1 and 2 were imprisoned in the state of Tennessee | §32-11-102
(a) The general assembly declares it to be the law of the state that every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including palliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplantation and to provide mechanisms for individuals to express their desire to donate their organs and/or tissues.
(b) The general assembly does further empower the exercise of this right by written declaration, called a “living will,” as provided in this chapter. | 2 |
J37 | My first request is that they [Person-2] and [Person-3] are to take care of all of my
funeral arrangements, of which they know. | Prior to Testator's death, Executors 1 and 2 were imprisoned in the state of Tennessee | §40-18-103(a)
(a) Except as otherwise provided by this section, any charge of a Class X felony shall be tried within one hundred fifty (150) days following arraignment unless delay is occasioned by the defendant, by an examination for competency ordered pursuant to § 33-7-301, by a competency hearing, by an adjudication of incompetency for trial, by a continuance allowed after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal. | 2 |
J9 | [Person-2] and [Person-3] being first duly sworn, make oath and depose as follows:
1. That they were well acquainted with [Person-1] during her lifetime.
2. That they were witnesses of the Last Will and Testament of the said Testator the 22nd September, 2001. They witnessed the Last Will and Testament on the same day at the request of [Person-1], in her presence and in the presence of each other, and that [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 date written above.
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 22nd of September, 2001. | The Will was signed by the testator and two disinterested witnesses in the presence of each other. | 32-1-104. Will other than holographic or nuncupative — Signatures.
(a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:
(1) The testator shall signify to the attesting witnesses that the instrument is the testator's will and either:
(A) The testator sign;
(B) Acknowledge the testator's signature already made; or
(C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
(2) The attesting witnesses must sign:
(A) In the presence of the testator; and
(B) In the presence of each other.
(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 |
J9 | [Person-2] and [Person-3] being first duly sworn, make oath and depose as follows:
1. That they were well acquainted with [Person-1] during her lifetime.
2. That they were witnesses of the Last Will and Testament of the said Testator the 22nd September, 2001. They witnessed the Last Will and Testament on the same day at the request of [Person-1], in her presence and in the presence of each other, and that [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 date written above.
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 22nd of September, 2001. | document was signed and notarized by the testator and one competent witness and one witness not competent to be a witness under Tennessee law | 32-1-103. Witnesses — Who may act.
(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
(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 |
J9 | [Person-2] and [Person-3] being first duly sworn, make oath and depose as follows:
1. That they were well acquainted with [Person-1] during her lifetime.
2. That they were witnesses of the Last Will and Testament of the said Testator the 22nd September, 2001. They witnessed the Last Will and Testament on the same day at the request of [Person-1], in her presence and in the presence of each other, and that [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 date written above.
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 22nd of September, 2001. | The Will was signed by the testator and two disinterested witnesses in the presence of each other. | T.C.A. § 32-1-111
(a) Married women, after February 15, 1941, may dispose of their property by will according to §§ 32-1-101 — 32-1-108.
(b) Wills executed on or before February 15, 1941, by married women twenty-one (21) years of age or over, are valid to dispose of their realty or personalty, legal or equitable, in as complete manner as if executed by femes sole. | 2 |
J9 | [Person-2] and [Person-3] being first duly sworn, make oath and depose as follows:
1. That they were well acquainted with [Person-1] during her lifetime.
2. That they were witnesses of the Last Will and Testament of the said Testator the 22nd September, 2001. They witnessed the Last Will and Testament on the same day at the request of [Person-1], in her presence and in the presence of each other, and that [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 date written above.
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 22nd of September, 2001. | document was signed and notarized by the testator and one competent witness and one witness not competent to be a witness under Tennessee law | T.C.A. § 49-9-204
(a) If a vacancy on the board of trustees of the University of Tennessee occurs by death or resignation, the governor shall appoint a successor for the remainder of the term, subject to § 49-9-202(c). If a vacancy occurs by reason of expiration of a term, the member whose term has expired shall serve until a successor is appointed and confirmed.
(b) The cessation of any member's legal domicile in the grand division that the member represents pursuant to § 49-9-202(a)(2)(A), or the cessation of any member's legal domicile in the state that results in a failure to satisfy § 49-9-202(a)(2)(C), vacates the member's position. The governor shall appoint a person satisfying the requirement as a successor for the remainder of the term, subject to § 49-9-202(c).
(c) The failure of a member to attend more than fifty percent (50%) of the regular meetings in a calendar year shall be cause for the member's removal and shall authorize the board to call on the governor to appoint a successor; provided, that this requirement does not apply to any ex officio member. | 2 |
J9 | [Person-2] and [Person-3] being first duly sworn, make oath and depose as follows:
1. That they were well acquainted with [Person-1] during her lifetime.
2. That they were witnesses of the Last Will and Testament of the said Testator the 22nd September, 2001. They witnessed the Last Will and Testament on the same day at the request of [Person-1], in her presence and in the presence of each other, and that [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 date written above.
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 22nd of September, 2001. | The Will was signed by the testator and two disinterested witnesses in the presence of each other. | T.C.A. § 57-5-303
(a) Any violation of this chapter or rule or regulation of the commissioner of revenue or the violations of any rule or regulation of a county legislative body, metropolitan council or city legislative body relative to the conducting of the beer or like beverage business as defined in § 57-5-101 is a Class C misdemeanor where the penalty is not otherwise fixed.
(b) A violation of this section involving either unlawful possession or illegal transportation, or both, of over one hundred (100) cases of twenty-four (24) twelve ounce (12 oz.) cans of beer or other light alcoholic beverage, or the equivalent thereof with respect to quantity or the kinds of containers, is a Class E felony.
(c) Upon the second conviction of any person engaging in a business regulated under this chapter of making, or permitting to be made, any sale of alcoholic beverages, beer or wine to a person under twenty-one (21) years of age in violation of this chapter, such person is guilty of a Class E felony. In addition, upon the second such conviction, the permit or license of such person shall be automatically and permanently revoked regardless of any other punishment actually imposed.
(d) Each violation of this chapter shall constitute a separate and distinct offense. | 2 |
J92 | IN WITNESS WHEREOF, I have hereunto signed my name and declare this to be
my Last Will and Testament in the presence of the undersigned subscribing 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 |
J92 | IN WITNESS WHEREOF, I have hereunto signed my name and declare this to be
my Last Will and Testament in the presence of the undersigned subscribing witnesses, on this the 13th day of October, 2000. | The Testator was not of sound mind when executing this Will | 32-1-102. Persons qualified to make a will.
Any person of sound mind eighteen (18) years of age or older may make a will. | 0 |
J92 | IN WITNESS WHEREOF, I have hereunto signed my name and declare this to be
my Last Will and Testament in the presence of the undersigned subscribing 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 | 18-3-101. Appointment — Tenure.
(a) The clerk of the supreme court shall be appointed by the judges of the supreme court and shall hold office for a period of six (6) years. The clerk of the supreme court shall be located at Nashville.
(b) Three (3) chief deputy clerks of the supreme court, one (1) each for the eastern, middle and western grand divisions, shall be appointed by the clerk of the supreme court, subject to the approval of the supreme court, to supervise and coordinate the business of the supreme court and intermediate appellate courts in their respective grand divisions. The chief deputy clerk for the eastern grand division shall be located at Knoxville. The chief deputy clerk for the middle grand division shall be located at Nashville. The chief deputy clerk for the western grand division shall be located at Jackson. | 2 |
J92 | IN WITNESS WHEREOF, I have hereunto signed my name and declare this to be
my Last Will and Testament in the presence of the undersigned subscribing witnesses, on this the 13th day of October, 2000. | This document did not satisfy the legal requirements of a will. | 29-7-101. Assets subject to garnishment.
Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment. | 2 |
J92 | IN WITNESS WHEREOF, I have hereunto signed my name and declare this to be
my Last Will and Testament in the presence of the undersigned subscribing witnesses, on this the 13th day of October, 2000. | The Testator was not of sound mind when executing this Will | 29-19-101. Void contracts.
All contracts founded, in whole or in part, on a gambling or wagering consideration, shall be void to the extent of such consideration. | 2 |
J43 | I do hereby will, devise and bequeath my twenty
(20) acre tract, more or less, located and situated in the
[Address-1] of Lauderdale County, Tennessee, which
I inherited from my father, [Person-3], to [Person-4] and [Person-5], share and share alike. | Testator had owndership of the 20 acre tract at the time of his/her 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.
(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 |
J43 | I do hereby will, devise and bequeath my twenty
(20) acre tract, more or less, located and situated in the
[Address-1] of Lauderdale County, Tennessee, which
I inherited from my father, [Person-3], to [Person-4] and [Person-5], share and share alike. | Testator did not have ownership of the 20 acre tract | 32-3-101. Operation of will.
A will shall be construed, in reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, and shall convey all the real estate belonging to the testator, or in which the testator had any interest at the testator's decease, unless a contrary intention appear by its words in context. | 0 |
J43 | I do hereby will, devise and bequeath my twenty
(20) acre tract, more or less, located and situated in the
[Address-1] of Lauderdale County, Tennessee, which
I inherited from my father, [Person-3], to [Person-4] and [Person-5], share and share alike. | Testator had owndership of the 20 acre tract at the time of his/her death | §32-4-103
Persons may be permitted to have an issue made upon any will, either as plaintiffs or defendants, in the form prescribed for paupers. | 2 |
J43 | I do hereby will, devise and bequeath my twenty
(20) acre tract, more or less, located and situated in the
[Address-1] of Lauderdale County, Tennessee, which
I inherited from my father, [Person-3], to [Person-4] and [Person-5], share and share alike. | Testator did not have ownership of the 20 acre tract | §32-11-106
A declaration may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by any of the following methods, effectively communicated by the declarant to the attending physician or other concerned health care provider:
(1) Written revocation by the declarant, dated and signed by the declarant;
(2) By oral statement or revocation made by the declarant to the attending physician. This revocation shall be made a part of the declarant's medical record by the attending physician. | 2 |
J43 | I do hereby will, devise and bequeath my twenty
(20) acre tract, more or less, located and situated in the
[Address-1] of Lauderdale County, Tennessee, which
I inherited from my father, [Person-3], to [Person-4] and [Person-5], share and share alike. | Testator had owndership of the 20 acre tract at the time of his/her death | §40-16-102
A conviction, judgment and execution for any one (1) offense is no bar to a prosecution for any other public offense committed previously, not necessarily included in the offense for which the defendant was convicted. | 2 |
J83 | I, [Person-1], a resident and citizen of Lauderdale County, Tennessee, being of
sound mind, disposing memory, and oflegal age, do make, publish and declare this to be
my Last Will and Testament, hereby revoking and making void any and all other wills or
codicils by me at any time heretofore made. | The Testator at the time this Will was executed was over 18 and of sound mind. | 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 |
J83 | I, [Person-1], a resident and citizen of Lauderdale County, Tennessee, being of
sound mind, disposing memory, and oflegal age, do make, publish and declare this to be
my Last Will and Testament, hereby revoking and making void any and all other wills or
codicils by me at any time heretofore made. | 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 |
J83 | I, [Person-1], a resident and citizen of Lauderdale County, Tennessee, being of
sound mind, disposing memory, and oflegal age, do make, publish and declare this to be
my Last Will and Testament, hereby revoking and making void any and all other wills or
codicils by me at any time heretofore made. | The Testator at the time this Will was executed was over 18 and of sound mind. | 32-11-102. Legislative intent.
(a) The general assembly declares it to be the law of the state that every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including palliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplantation and to provide mechanisms for individuals to express their desire to donate their organs and/or tissues.
(b) The general assembly does further empower the exercise of this right by written declaration, called a “living will,” as provided in this chapter. | 2 |
J83 | I, [Person-1], a resident and citizen of Lauderdale County, Tennessee, being of
sound mind, disposing memory, and oflegal age, do make, publish and declare this to be
my Last Will and Testament, hereby revoking and making void any and all other wills or
codicils by me at any time heretofore made. | The Testator, subsequent the execution of this Will, divorced his spouse. | 32-5-104. Admitting will to probate.
If upon the hearing, it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of the state, and that it was executed according to the law of the place in which the will was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will. | 2 |
J83 | I, [Person-1], a resident and citizen of Lauderdale County, Tennessee, being of
sound mind, disposing memory, and oflegal age, do make, publish and declare this to be
my Last Will and Testament, hereby revoking and making void any and all other wills or
codicils by me at any time heretofore made. | The Testator, subsequent the execution of this Will, divorced his spouse. | 32-5-107. Authentication.
Any copy of a will from another state, District of Columbia or territory shall be authenticated in the manner prescribed by 28 U.S.C. §§ 1738 and 1739. | 2 |
J72 | I [Person-1] hereby expressly direct that my just debts,
including expenses of my last illness and funeral expenses and
the expenses of the administration of my estate, be paid by my
personal representative as soon after my death as practicable. | This Will is valid under all relevant laws in the state of Tennessee and no contrary intention given by Testator after executing the Will. | 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; | 1 |
J72 | I [Person-1] hereby expressly direct that my just debts,
including expenses of my last illness and funeral expenses and
the expenses of the administration of my estate, be paid by my
personal representative as soon after my death as practicable. | Prior to the Testator's death, the Executor served time in a pentitentiary | 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 |
J72 | I [Person-1] hereby expressly direct that my just debts,
including expenses of my last illness and funeral expenses and
the expenses of the administration of my estate, be paid by my
personal representative as soon after my death as practicable. | This Will is valid under all relevant laws in the state of Tennessee and no contrary intention given by Testator after executing the Will. | 40-20-203. Eligible offenders — Age.
In placing an offender in a special alternative incarceration unit, the department of correction shall give priority to eligible offenders between the ages of seventeen (17) and twenty-five (25). In no event shall an offender who is over the age of thirty-five (35) be placed in a special alternative incarceration unit. | 2 |
J72 | I [Person-1] hereby expressly direct that my just debts,
including expenses of my last illness and funeral expenses and
the expenses of the administration of my estate, be paid by my
personal representative as soon after my death as practicable. | Prior to the Testator's death, the Executor served time in a pentitentiary | 40-20-107. Verdict and sentence on felony conviction.
(a) Whenever any person over eighteen (18) years of age is convicted of any felony or other crime punishable by imprisonment in the penitentiary, with the punishment for the offense within minimum and maximum terms provided for by law, the jury, in addition to finding the defendant guilty, shall fix the minimum and maximum term of the convicted defendant; provided, that the minimum sentence so fixed shall not be increased to exceed more than twice the minimum sentence as provided by law or the minimum sentence provided by law plus one half (½) the difference between the minimum and maximum sentence as provided by law, whichever is less. Its form of verdict shall be: “We find the defendant guilty as charged in the indictment” or “We find the defendant guilty of (whatever may be the offense charged), and fix punishment at imprisonment in the penitentiary for not less than years nor more than years,” and the court imposing judgment upon the verdict shall not fix a definite term of imprisonment, but shall sentence the person to the penitentiary for a period of not less than nor more than the term fixed by the jury, making allowance for good time as now provided by law.
(b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, kidnapping for ransom, or any Class X felony. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence. | 2 |
J72 | I [Person-1] hereby expressly direct that my just debts,
including expenses of my last illness and funeral expenses and
the expenses of the administration of my estate, be paid by my
personal representative as soon after my death as practicable. | This Will is valid under all relevant laws in the state of Tennessee and no contrary intention given by Testator after executing the Will. | 37-2-415. Foster parents' rights.
(a) To the extent not otherwise prohibited by state or federal statute, the department shall, through promulgation of rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, implement each of the following tenets. With respect to the placement of any foster child with a foster parent that is contracted directly with the department of children's services, or through an agency that contracts with the department to place children in foster care, pursuant to this part: | 2 |
J56 | I hereby direct that [Person-2] shall have first
option to purchase my house and two acres of land in Lauderdale
County at fair market value (fair market value to be obtained by
an appraisal of the property), which option is to be exercised
within nine months of my death. My Executor is authorized to
execute and deliver a deed of [Person-3] in the event he
elects to buy the property. | The house was the Testator's only thing of value to bequeath. Surviving spouse elected against the Will. | 31-4-101. Right to elective share.
(a)(1) The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent's will, has a right of election, unless limited by subsection (c), to take an elective-share amount equal to the value of the decedent's net estate as defined in subsection (b), determined by the length of time the surviving spouse and the decedent were married to each other, in accordance with the following schedule:
If the decedent and the surviving spouseThe elective-share
were married to each other:percentage is:
less than 3 years10% of the net estate
3 years but less than 6 years20% of the net estate
6 years but less than 9 years30% of the net estate
9 years or more40% of the net estate
(2) For purposes of determining the total number of years to be applied to the computation provided in subdivision (a)(1), the number of years persons are married to the same person shall be combined. The years do not have to be consecutive, but may be separated by divorce. All years married shall be counted toward the total number of years for purposes of this section.
(b) The value of the net estate includes all of the decedent's real property, notwithstanding § 31-2-103, and personal property subject to disposition under the decedent's will or the laws of intestate succession, reduced by the following: secured debts to the extent that secured creditors are entitled to realize on the applicable collateral, funeral and administration expenses, and award of exempt property, homestead allowance and year's support allowance. The net estate does not include any assets over which the decedent held a power of appointment, whether exercised or not, unless the decedent exercises the power of appointment to direct the assets to be paid to the decedent's personal representative for administration as part of the decedent's probate estate.
(c) After the elective-share amount has been determined in accordance with subsections (a) and (b), the amount payable to the surviving spouse by the estate shall be reduced by the value of all assets includable in the decedent's gross estate that were transferred, or deemed transferred, to the surviving spouse or that were for the benefit of the surviving spouse, but excluding the homestead allowance, exempt property and year's support allowance. For purposes of this subsection (c), the decedent's gross estate shall be determined by the court in the same manner as for inheritance tax purposes pursuant to title 67, chapter 8, part 3, except that the value of any life estate or trust for the lifetime benefit of the surviving spouse shall be actuarially determined.
(d) The elective-share amount payable to the surviving spouse is exempt from the claims of unsecured creditors of the decedent's estate and, notwithstanding § 30-2-614(b) or (e), shall not be allocated to any United States or any state estate, inheritance or other death transfer tax if the elective share amount qualifies for and is used as a marital deduction in determining the decedent's death tax liability under any applicable estate, inheritance or other death transfer tax statute. | 0 |
J56 | I hereby direct that [Person-2] shall have first
option to purchase my house and two acres of land in Lauderdale
County at fair market value (fair market value to be obtained by
an appraisal of the property), which option is to be exercised
within nine months of my death. My Executor is authorized to
execute and deliver a deed of [Person-3] in the event he
elects to buy the property. | A contrary intention by the Testator was made manifest subsequent the execution of the will and prior to the Testator's death for Person 1 to have first option to purchase the home | 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. | 0 |
J56 | I hereby direct that [Person-2] shall have first
option to purchase my house and two acres of land in Lauderdale
County at fair market value (fair market value to be obtained by
an appraisal of the property), which option is to be exercised
within nine months of my death. My Executor is authorized to
execute and deliver a deed of [Person-3] in the event he
elects to buy the property. | The house was the Testator's only thing of value to bequeath. Surviving spouse elected against the Will. | §32-5-104
If upon the hearing, it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of the state, and that it was executed according to the law of the place in which the will was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will. | 2 |
J56 | I hereby direct that [Person-2] shall have first
option to purchase my house and two acres of land in Lauderdale
County at fair market value (fair market value to be obtained by
an appraisal of the property), which option is to be exercised
within nine months of my death. My Executor is authorized to
execute and deliver a deed of [Person-3] in the event he
elects to buy the property. | A contrary intention by the Testator was made manifest subsequent the execution of the will and prior to the Testator's death for Person 1 to have first option to purchase the home | §49-2-204
Any member of the board who votes to create debts beyond the legitimate income provided in the school budget for any school year or in any way misappropriates or misuses school funds commits a Class A misdemeanor and shall forfeit office. | 2 |
J56 | I hereby direct that [Person-2] shall have first
option to purchase my house and two acres of land in Lauderdale
County at fair market value (fair market value to be obtained by
an appraisal of the property), which option is to be exercised
within nine months of my death. My Executor is authorized to
execute and deliver a deed of [Person-3] in the event he
elects to buy the property. | A contrary intention by the Testator was made manifest subsequent the execution of the will and prior to the Testator's death for Person 1 to have first option to purchase the home | §46-1-107(a)
(a) No later than thirty (30) days prior to the sale or transfer of any cemetery required to be registered by this chapter, or the sale or transfer of a controlling interest in the cemetery company that owns the cemetery, the transferor shall notify the commissioner in writing, and:
(1) Submit any documentation or records the commissioner may require in order to determine the amount of any indebtedness of the transferor to the pre-need merchandise and services trust account or the improvement care trust fund; and
(2) Disclose any agreements between the transferor and transferee regarding:
(A) Any existing cemetery trust accounts established pursuant to this chapter; and
(B) Assumption or disclaimer of liabilities of the transferor. | 2 |
J41 | I hereby appoint [Person-2], to serve as
Executrix of my will and estate and direct that she be
allowed to serve without necessity of making bond or
accounting to any Court. | No contrary intention has been declared during Testator's lifetime. The executor was otherwise qualified to serve as a fiduciary. | 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 |
J41 | I hereby appoint [Person-2], to serve as
Executrix of my will and estate and direct that she be
allowed to serve without necessity of making bond or
accounting to any Court. | The executor, prior to testator's death, served a sentence in the penitentiary | 40-20-115. Disqualification from fiduciary office.
The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office. | 0 |
J41 | I hereby appoint [Person-2], to serve as
Executrix of my will and estate and direct that she be
allowed to serve without necessity of making bond or
accounting to any Court. | No contrary intention has been declared during Testator's lifetime. The executor was otherwise qualified to serve as a fiduciary. | §35-5-103
Whenever the advertisement cannot be made in a newspaper, the officer shall make publication of the sale for thirty (30) days by written notices posted in at least five (5) of the most public places in the county, one (1) of which shall be the courthouse door, and another in the neighborhood of the defendant; if of realty, in the civil district where the land lies. | 2 |
J41 | I hereby appoint [Person-2], to serve as
Executrix of my will and estate and direct that she be
allowed to serve without necessity of making bond or
accounting to any Court. | The executor, prior to testator's death, served a sentence in the penitentiary | §35-50-105
(a) All guardians, executors, administrators and trustees are authorized to effect liability and accident insurance, in such amount as may be reasonable and proper, on any or all real or personal property under their management and control.
(b) Premiums paid on insurance effected according to subsection (a) shall be a proper charge against the estate under management or control, and shall be allowed as a credit on settlements made. | 2 |
J41 | I hereby appoint [Person-2], to serve as
Executrix of my will and estate and direct that she be
allowed to serve without necessity of making bond or
accounting to any Court. | No contrary intention has been declared during Testator's lifetime. The executor was otherwise qualified to serve as a fiduciary. | §35-11-107
(a) All funds raised to meet the medical or related expenses of a named individual suffering from a catastrophic illness shall be placed in trust with a bank or trust company organized and doing business under the laws of any state or territory of the United States, including the District of Columbia, and authorized to do business in this state. The trustee of this trust shall be either an individual, or a bank or trust company. The funds placed with a bank or trust company shall be considered to be held in trust, and the bank or trust company considered a trustee, as those terms are used in this chapter, if the bank or trust company maintains the funds in its name as custodian for the benefit of the injured individual, and limits disbursements to those for which the funds are raised or that are permitted by §§ 35-11-103 and 35-11-105.
(b) As used in this chapter, “catastrophic illness” includes organ transplants. | 2 |
J65 | I give, devise and bequeath all my property, real,
personal and mixed, of whatever kind and nature and wheresoever
situated, to my niece, [Person-2] of Dyersburg, Tennessee. | No contrary will was expressed prior to Testator's death. No surviving spouse or minor children. Testator died of natural causes. | 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 |