IN RE: ESTATE OF THOMAS GRADY CHASTAIN - Articles

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Posted by: Tanja Trezise on Nov 16, 2012

Court: TN Supreme Court

Attorneys 1:

Ginger Wilson Buchanan, Cleveland, Tennessee, for the appellant, June Chastain Patterson.

Attorneys 2:

George McCoin, Cleveland, Tennessee, and Thomas F. Bloom, Nashville, Tennessee, for the appellees, Trent Chastain and Adrian Chastain.

Judge(s): CLARK

The issue in this appeal is whether the statutory requirements for execution of an attested will prescribed by Tennessee Code Annotated section 32-1-104(1) (2007) were satisfied when the decedent failed to sign the two-page will but signed a one-page affidavit of attesting witnesses. We conclude that the decedent’s signature on the separate affidavit of attesting witnesses does not satisfy the statute requiring the testator’s signature on the will. Accordingly, the judgment of the Court of Appeals is reversed, and the judgment of the trial court that the will was not properly executed is reinstated.

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