In Re: Estate of Thomas Grady Chastain

Case Number
E2011-01442-SC-R11-CV

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.

Authoring Judge
Justice Cornelia A. Clark
Originating Judge
Chancellor Jerri S. Bryant
Case Name
In Re: Estate of Thomas Grady Chastain
Date Filed
Dissent or Concur
No
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