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Date: 09-06-2024
Case Style:
Dennis Steven Payne v. Estate of Wilmuth V. Groves, et al.
Case Number: MG 22-7
Judge: Ben Dean
Court: Chancery Court, Montgomery County, Tennessee
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Clarksville, Tennessee probate lawyers represented the parties in a will contest.
In this probate matter, the plaintiff filed a petition to establish a lost will, submitting for admission to probate a copy of a handwritten document alleged to be the decedent's holographic will. The trial court determined that the handwritten document met the requirements for a holographic will and that the plaintiff overcame the presumption of revocation afforded to a lost will. The decedent's intestate heirs appealed.
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The first issue presented on appeal is whether the trial court erred in determining that the script was a valid testamentary instrument.
The script, if it qualifies as a will, must be a holographic will. Tennessee Code Annotated section 32-1-105 provides: "No witness to a holographic will is necessary, but
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the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses." The trial court found that these requirements were met, and the appellants do not dispute the trial court's determination as to the statutory requirements.
Beyond the statutory requirements, however, an instrument must evidence testamentary intent in order to constitute a valid will. See In re Est. of Meade, 156 S.W.3d 841, 844 (Tenn. Ct. App. 2004). The question of a will's validity is a question of fact, whereas the interpretation of a will's provisions is a question of law. In re Est. of Blackburn, 253 S.W.3d 603, 612 (Tenn. Ct. App. 2007). Here, the trial court had to determine whether the script evidenced testamentary intent and, thus, constituted a valid will, a question of fact.
Testamentary intent "must be 'proven in a manner which conforms to applicable rules of evidence and procedure.'" In re Est. of Peery, No. E2017-00603-COA-R3-CV, 2018 WL 3084529, at *2 (Tenn. Ct. App. June 21, 2018) (quoting Smith v. Smith, 232 S.W.2d 338, 341 (Tenn. Ct. App. 1949)). The court must look to what the testator has written to determine the testator's intent. In re Est. of Blackburn, 253 S.W.3d at 615. If testamentary intent is in doubt, "'all the facts or circumstances may be looked to, and it is for the jury to determine from all the evidence, intrinsic or extrinsic, whether or not the testator intended the instrument to operate as his will.'" In re Est. of Peery, 2018 WL 3084529, at *2 (quoting Smith, 232 S.W.2d at 341-42).
Outcome: We affirm the decision of the trial court.
Plaintiff's Experts:
Defendant's Experts:
Comments: