Cooper V. Austin
Citation:
Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)
Parties:
* Phillip J. Cooper, Plaintiff – Appellant, Administrator * Charles Austin, Defendant – Appellant * Alois B. Greer, Proponent of the codicil
Facts:
* This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased. * Dr. Bisson's will, which is not contested, was executed June 18, 1982.
Prior Proceedings: * Dr. Bisson died in 1985, and shortly thereafter Greer filed a petition in probate court to admit the June 18, 1982, will and two codicils thereto dated August 20, 1984, and August 6, 1985, respectively, to probate as and for the Last Will and Testament of Wheelock A. Bisson, M.D. By order entered November 26, 1985, the probate court admitted the paper writings to probate as the Last Will and Testament of Dr. Bisson. * On May 20, 1986, Austin filed a petition in probate court to contest the two codicils, and, after answer to the petition by Greer, the probate court certified the contest to circuit court by order entered August 13, 1986. * No action was taken in circuit court until the administrator pendente lite filed a "Complaint to Establish Will and Codicil" on November 9, 1988. Austin's answer to the complaint, inter alia, denied that either codicil had been properly executed by the decedent or properly witnessed and further denied that the codicils had any legal validity or effect. * Greer filed a motion for summary judgment in October, 1990, seeking to have Austin's case dismissed on the grounds that it was barred by T.C.A. § 32-4-108 (1986), because it was brought more than two years from the entry of the order admitting the will to probate. The trial court denied this motion. * On March 26, 1991, a jury trial was held on the issue of devisavit vel non as to the 1984 codicil. The 1982 will was introduced into evidence by stipulation, and Greer offered the 1984 codicil
Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)
Parties:
* Phillip J. Cooper, Plaintiff – Appellant, Administrator * Charles Austin, Defendant – Appellant * Alois B. Greer, Proponent of the codicil
Facts:
* This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased. * Dr. Bisson's will, which is not contested, was executed June 18, 1982.
Prior Proceedings: * Dr. Bisson died in 1985, and shortly thereafter Greer filed a petition in probate court to admit the June 18, 1982, will and two codicils thereto dated August 20, 1984, and August 6, 1985, respectively, to probate as and for the Last Will and Testament of Wheelock A. Bisson, M.D. By order entered November 26, 1985, the probate court admitted the paper writings to probate as the Last Will and Testament of Dr. Bisson. * On May 20, 1986, Austin filed a petition in probate court to contest the two codicils, and, after answer to the petition by Greer, the probate court certified the contest to circuit court by order entered August 13, 1986. * No action was taken in circuit court until the administrator pendente lite filed a "Complaint to Establish Will and Codicil" on November 9, 1988. Austin's answer to the complaint, inter alia, denied that either codicil had been properly executed by the decedent or properly witnessed and further denied that the codicils had any legal validity or effect. * Greer filed a motion for summary judgment in October, 1990, seeking to have Austin's case dismissed on the grounds that it was barred by T.C.A. § 32-4-108 (1986), because it was brought more than two years from the entry of the order admitting the will to probate. The trial court denied this motion. * On March 26, 1991, a jury trial was held on the issue of devisavit vel non as to the 1984 codicil. The 1982 will was introduced into evidence by stipulation, and Greer offered the 1984 codicil