In re Estate of Chastain

The issue in this appeal was whether the statutory requirements for execution of an attested will prescribed by Tenn. Code Ann. 32-1-104(1) were satisfied when the decedent in this case (Decedent) failed to sign a two-page will but signed a one-page affidavit of attesting witnesses. The trial court held that the will was not properly executed. The court of appeals reversed, holding that Decedent's signature on the affidavit satisfied section 32-1-104 because Decedent intended his signature on the affidavit to be his signature on the will. The Supreme Court reversed the court of appeals and reinstated the judgment of the trial court, holding that Decedent's signature on the affidavit did not satisfy the statute requiring the testator's signature on a will. View "In re Estate of Chastain" on Justia Law