Heirs of Neil Ellis v. Estate of Virgie Ellis

The issue in this case is whether property held in a tenancy by the entirety is subject to the 120-hour survival rule contained in section 31-3-120 of the Tennessee Uniform Simultaneous Death Act. Three days after her husband's death, Mrs. Ellis died of unrelated natural causes, and her will was admitted to probate. The husband's heirs sought to intervene in the probate proceeding, claiming that because Mrs. Ellis did not survive her husband for 120 hours, section 31-3-120 deems both to have died "simultaneously." Consequently, they argued, Tennessee Code Annotated section 31-3-104 authorized them to seek a one-half interest in the entireties property. The trial court denied the motion to intervene, and the Court of Appeals affirmed. On appeal to this Court, we hold that section 31-3-120 does not require one spouse to survive the other by 120 hours in order to obtain fee simple title to property formerly held by the entirety. We also hold that the General Assembly, in enacting section 31-3-120, did not intend to define the term "simultaneously" in section 31-3-104 as meaning "within 120 hours." Instead, we conclude that the legislature intended that this term should continue to receive its ordinary construction, meaning "at the same time." The judgment of the Court of Appeals is affirmed.