IN RE ESTATE OF THOMAS GRADY CHASTAIN (Tenn. Ct. App. December 28, 2011)
We granted the application of June Chastain Patterson ("the Proponent"), which sought permission to appeal an order of the trial court holding, as a matter of law, that the "will" of Thomas Grady Chastain ("the Deceased") was not executed in compliance with Tenn. Code Ann. section 32-1-104 (2007). The Deceased signed the affidavit of attesting witnesses on September 4, 2004, which affidavit was attached to the purported will of the same date; he also initialed the bottom of the first page of the "will," but did not sign the second page of the two-page "will." The Proponent appeals. We reverse.
Full majority opinion available at:
http://www.tba2.org/tba_files/TCA/2011/chastaint_122811.pdf
SWINEY's dissenting opinion:
http://www.tba2.org/tba_files/TCA/2011/chastaint_DIS_122811.pdf
