In Re Estate of Margaret L. Swift - Dissenting

In re Estate of Milam, 181 S.W.3d 344, 353 (Tenn. Ct. App. 2005). (“[W]hen a decedent undertakes to make a will, we must presume that the decedent intended to die testate, and we must seek to construe the will, where possible, as including all of the testator’s property at death”). Second, as I will discuss more fully hereafter, the testatrix in this case clearly evidenced an intent to die testate. “The testator’s intent is to be determined from the particular words used in the will itself, . . . and not from what it is supposed the testator intended.” Id. at 353 (internal citation omitted).