Bond of Legatee or Devisee

  1. Law
  2. Tennessee Code
  3. Wills
  4. Contest
  5. Bond of Legatee or Devisee

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  1. If the legatees or devisees, or any of them, are adults, and have notice that the probate of the will is contested, the court shall require them to enter into bond, with surety, in the penal sum of five hundred dollars ($500), conditioned for the faithful prosecution of the suit, and, in case of failure in the suit, to pay all costs that may accrue on the suit, but an adult legatee or devisee who makes known in writing, to be entered of record, to the court that the adult legatee or devisee claims nothing under the will, and is willing that it be set aside, shall not be required to enter into bond.
  2. If all the legatees or devisees are adults, and refuse or fail to enter into a bond, the will shall not be admitted to probate, but shall be held for naught, and the property of the supposed testator shall be distributed as the property of an intestate.

Code 1858, §§ 2174, 2175 (deriv. Acts 1851-1852, ch. 77, § 1); Shan., §§ 3906, 3907; Code 1932, §§ 8104, 8105; T.C.A. (orig. ed.), §§ 32-402, 32-403.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 347, 348.

Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-1502.


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