Trial by Jury — Certification to Probate Court

Checkout our iOS App for a better way to browser and research.

  1. The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established.
  2. If the issue was tried upon a copy of the original will, the copy shall be sent to the court to be recorded, and the certificate, copy, verdict, and judgment shall have the same effect as if the original paper writing were in existence and so certified to the court having probate jurisdiction over the will.

Code 1858, §§ 2180, 2181 (deriv. Acts 1789, ch. 23, § 1; 1835-1836, ch. 5, § 9; 1851-1852, ch. 77, § 2); Shan., §§ 3912, 3913; Code 1932, §§ 8110, 8111; Acts 1980, ch. 765, §§ 2, 3; T.C.A. (orig. ed.), §§ 32-408, 32-409; Acts 1992, ch. 951, § 9.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 367, 380, 382.

Tennessee Jurisprudence, 25 Tenn. Juris., Wills, §§ 66, 70.

Law Reviews.

Does Tennessee Need Another Tort? The Disappointed Heir (Jared S. Renfroe), 77 Tenn. L. Rev. 129 (2010).


Download our app to see the most-to-date content.