In Re Estate of Mary Reeves Davis

In this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously denied his motion for summary judgment. Because the statute is one of limitations rather than repose, because exceptions within the statute do not preclude tolling based upon fraudulent concealment, and because there are genuine issues of fact as to whether the subsequent will was fraudulently concealed, the trial court's denial of summary judgment is affirmed.