reglab/housing_qa huggingface dataset:
TN Code § 32-2-105 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-105. Proof of Will of Person Serving in Armed Forces

  Any last will of any person in the military or naval service of the United States, made outside this state, or at sea while in military or naval service, may be admitted to probate by the probate court of the county where the testator was domiciled, upon the certificate of the colonel, lieutenant colonel, major, or commanding officer of the regiment, or captain or commandant of the vessel, setting forth that the testator acknowledged, or that the subscribing witnesses proved, the will before that officer; but the heirs or next of kin of the testator may, in like manner and time prescribed for other contests, contest the validity of the will, in which case the authentication shall be prima facie evidence.    The will of any person serving in the armed forces of the United States or any auxiliary thereto and executed while serving therein, may be admitted to probate upon proof satisfactory to the tribunal having jurisdiction over the probate of the genuineness of the signature of the maker of the will, where it first be shown that proof of due execution of the will may not be had of the subscribing witnesses to the will, if any, due to the inability to locate them, their death or the unavailability of their testimony for any reason adjudged sufficient by the tribunal having jurisdiction over the probate.   However, no such will shall be admitted to probate where the will is offered for probate more than ten (10) years from the date of a declaration by the president of the United States or a resolution of congress declaring the end of hostilities during which the will was executed and in which the testator was a member of the armed forces, and nothing provided in this subsection (b) with reference to such wills shall void modes of probating wills made by members of the armed forces, but this subsection (b) shall, as to the wills of members of the armed forces made as provided in this section, afford an additional method of probate.      Code 1858, §§ 2191, 2192 (deriv. Acts 1847-1848, ch. 82, § 2); Shan., §§ 3923, 3924; mod. Code 1932, §§ 8129, 8130; Acts 1945, ch. 24, §§ 1-4; mod. C. Supp. 1950, § 8102; modified; T.C.A. (orig. ed.), §§ 32-205, 32-206.
TN Code § 32-2-106 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-106. Proof of Nuncupative Will

  No nuncupative will shall be proved until fourteen (14) days after the death of the testator, nor until process has issued to call in the surviving spouse or next of kin, or both, if conveniently to be found, to contest it.   If the surviving spouse and next of kin, or any of them, are not so found or are out of the state, notice shall be given by publication, once a week for four (4) successive weeks, in some newspaper published in the county, or, if none is published in the county, in the one (1) published nearest the courthouse of the county, and this notice shall be a prerequisite to the establishment of the will; also, if residence be known, by mailing a copy of the notice to them at that address by registered mail.    Code 1858, § 2166 (deriv. Acts 1784 (Apr.), ch. 22, § 16); Shan., § 3899; mod. Code 1932, §§ 8095, 8096; modified; T.C.A. (orig. ed.), § 32-207.
TN Code § 32-2-107 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-107. Effect of Probate

 The probate of wills in the probate courts shall be sufficient evidence of the devise of real estates.   Code 1858, § 2197 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., § 3929; Code 1932, § 8139; T.C.A. (orig. ed.), § 32-208.
TN Code § 32-2-108 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-108. Copies of Wills as Evidence

 Attested or certified copies of wills, or the records thereof, by the proper officer, may be given in evidence in the same manner as the originals.   Code 1858, § 2198 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., § 3930; mod. Code 1932, § 8140; T.C.A. (orig. ed.), § 32-209.
TN Code § 32-2-109 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-109. Original — When to Be Produced

  When any fraud is suggested to have been committed in the drawing or obtaining of any last will, or any irregularity in the executing or attestation of the will, the party making the suggestion may insist upon the original will being produced to the court, if the original is to be found.   The court, wherever any suit is pending, and in which such a domestic will may be introduced as testimony, may compel all and every person or persons, whether in office or otherwise, to produce the will.    Code 1858, §§ 2199, 2200 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., §§ 3931, 3932; mod. Code 1932, §§ 8141, 8142; T.C.A. (orig. ed.), § 32-210.
TN Code § 32-2-110 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-110. Affidavit of Witnesses to Prove Will

 Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator's death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the facts to which they would be required to testify in court to prove the will, which affidavit shall be written on the will or, if that is impracticable, on some paper attached to the will, and the sworn statement of any such witness so taken shall be accepted by the court of probate when the will is not contested as if it had been taken before the court.
TN Code § 32-2-111 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 2 - Probate of Wills|§ 32-2-111. Admission to Probate for Establishing a Muniment of Title to Real Estate and Personal Property

 Regardless of the date of the person's death and any limitation on the time for admitting a will for probate, any will when duly proven, whether of a resident or nonresident decedent, may be admitted to probate for the limited purpose of establishing a muniment of title to real estate and personal property, without the necessity of granting letters testamentary or otherwise proceeding with administration.
TN Code § 32-3-101 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 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.   Code 1858, § 2195 (deriv. Acts 1851-1852, ch. 180, § 2); Shan., § 3927; Code 1932, § 8133; T.C.A. (orig. ed.), § 32-301.
TN Code § 32-3-102 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-102. Devise of Land

 Every devise shall convey the entire estate of the testator in the lands, unless the contrary intent plainly appear from the words and context of the will.   Code 1858, § 2164 (deriv. Acts 1784 (Apr.), ch. 22, § 12); Shan., § 3897; Code 1932, § 8091; T.C.A. (orig. ed.), § 32-302.
TN Code § 32-3-103 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-103. Pretermitted Child

  A child born after the making of a will, either before or after the death of the testator, inclusive of a mother-testator, not provided for nor disinherited, but only pretermitted, in the will, and not provided for by settlement made by the testator in the testator's lifetime, shall succeed to the same portion of the testator's estate as if the testator had died intestate.   Toward raising the portion of such child, the devisees and legatees and other heirs shall contribute out of the parts devised, or bequeathed to, or settled upon them by the testator, in the proportion borne by their respective devises, legacies, or settlements to the whole estate of the testator.    Code 1858, §§ 2193, 2194 (deriv. Acts 1823, ch. 28, § 1); Shan., §§ 3925, 3926; Code 1932, §§ 8131, 8132; T.C.A. (orig. ed.), §§ 32-303, 32-304.
TN Code § 32-3-104 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-104. Death of Class Member Before Time of Enjoyment

 Where a bequest, devise, conveyance, transfer or gift is made to a class of persons subject to fluctuation by increase or diminution of its number in consequence of future births or deaths, and the time of payment, distribution, vestiture or enjoyment is fixed at a subsequent period or on the happening of a future event, and any member of the class dies before the arrival of that period or the happening of that event, and has issue surviving when the period arrives or the event happens, that issue shall take the share of the property that the member so dying would take if living, unless a clear intention to the contrary is manifested by the will, deed or other instrument.
TN Code § 32-3-105 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-105. Death of Devisee or Legatee Before Death of Testator

  Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee 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.   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.    Code 1858, § 2196 (deriv. Acts 1851-1852, ch. 180, § 3); Shan., § 3928; Code 1932, § 8134; Acts 1941, ch. 61, § 1; C. Supp. 1950, § 8134; T.C.A. (orig. ed.), § 32-306; Acts 1989, ch. 364, § 4; 1997, ch. 426, § 20.
TN Code § 32-3-106 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-106. Testamentary Additions to Trusts

   A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust).   The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.   Unless the testator's will provides otherwise, the property so devised or bequeathed:  Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and   Shall be administered and disposed of in accordance with the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's will) and, if the testator's will so provides, including any amendments to the trust made after the death of the testator.     A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.     This section shall have no effect upon any devise or bequest made by a will executed prior to March 17, 1961.   This section shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.   This section shall be known and may be cited as the “Uniform Testamentary Additions to Trusts Act.”
TN Code § 32-3-107 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-107. Contracts to Make or Revoke Wills

  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate can be established only by:  Provisions of a will stating material provisions of the contract;   An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or   A writing signed by the decedent evidencing the contract.     The execution of a joint will or mutual wills does not create a presumption of a contract to make a will, or to refrain from revoking a will.
TN Code § 32-3-108 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-108. Marital Deduction

   IF,  A decedent dies after December 31, 1981;   Leaving a will executed, or a trust created, before September 12, 1981, that contains a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law;   The formula referred to in subdivision (a)(1)(B) was not amended to refer specifically to an unlimited marital deduction under federal law at any time after September 12, 1981, and before the death of the decedent;   The will or trust also contains a bequest to, or in trust for the benefit of, the decedent's spouse that qualifies as qualified terminable interest property pursuant to § 2056(b)(7) of the Internal Revenue Code (26 U.S.C. §  2056(b)(7));(2)  THEN, the formula referred to in subdivision (a)(1)(B) shall be construed to refer to the unlimited marital deduction allowable by federal law as amended by subsection (a) of § 403 of the Economic Recovery Tax Act of 1981; provided, that the formula shall not be effective as to, or be deemed to, convey and transfer to the decedent's spouse, a sum in excess of the greater of:   Two hundred fifty thousand dollars ($250,000); or   Fifty percent (50%) of the value of the adjusted gross estate of the decedent as defined in § 2056(c)(2) of the Internal Revenue Code (26 U.S.C. §  2056(c)(2)) prior to its amendment by the Economic Recovery Tax Act of 1981;so that such qualified terminable interest property, as well as the property passing to the spouse pursuant to the formula clause, will qualify for the unlimited marital deduction under § 2056 of the Internal Revenue Code (26 U.S.C. §  2056(b)(7)), but the amount of property passing to the spouse under the formula clause shall not be increased or decreased from what would have passed thereunder prior to the enactment of the Economic Recovery Tax Act of 1981;  Notwithstanding subdivision (a)(1)(D), the formula referred to in subdivision (a)(1)(B) will be effective as to or deemed to convey and transfer to the decedent's spouse an unlimited sum, if the court having jurisdiction over decedent's probate estate determines in a proceeding in which all beneficiaries of the estate are represented, that based on all the facts and circumstances the decedent intended or would have intended that the formula should be applied so as to take advantage of the unlimited marital deduction allowed by federal law as amended by subsection (a) of § 403 of the Economic Recovery Tax Act of 1981. This subdivision (a)(3) shall apply only for decedents whose deaths occur after September 12, 1981, and prior to October 1, 1983, and, therefore, shall in no way affect the computation of the amount deductible for Tennessee inheritance tax purposes pursuant to § 67-8-315(a)(6).        For a decedent dying before January 1, 2016, this section shall in no way affect the computation of the amount deductible for Tennessee inheritance tax purposes pursuant to § 67-8-315(a)(6) prior to October 1, 1983.
TN Code § 32-3-109 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-109. Trials for Construction or Interpretation of Wills — Jurisdiction of Courts

 Any court of record having probate jurisdiction has concurrent jurisdiction with chancery courts for the construction or interpretation of wills, or parts thereof, and for establishing lost, spoliated or suppressed wills.
TN Code § 32-3-110 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-110. Power of Appointment

 This section applies only to powers of appointment exercisable by will.   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.   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:  Make appointments of present or future interests or both;   Make appointments with conditions and limitations;   Make appointments with restraints on alienation upon the appointed interests;   Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;   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   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.     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.   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.
TN Code § 32-3-111 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-111. Specifically Devised or Bequeathed Property

  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:  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;   Any amount of a condemnation award for the taking of the property unpaid at death;   Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and   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.     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.   The right of a specific legatee or devisee under subsection (b) is reduced by any right the legatee or devisee has under subsection (a).   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.   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:  “Incapacitated principal” means a principal who is an incapacitated person;   No adjudication of the principal's incapacity need occur before death; and   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.
TN Code § 32-3-112 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-112. Disposition of Residue

 If the residue of the decedent's testamentary estate or the residue of a revocable trust created by the decedent that becomes irrevocable at the settlor's death is devised to two (2) or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees, in proportion to the interest of each in the remaining part of the residue, unless the decedent's will or trust agreement or § 32-3-105 provides for a different disposition.
TN Code § 32-3-114 (2021)
2021 Tennessee Code|Title 32 - Wills|Chapter 3 - Construction, Operation and Effect|§ 32-3-114. Modification of Will to Achieve Testator's Objectives

 To achieve the testator's tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator's probable intention. The court may provide that the modification has retroactive effect.