NASHVILLE (CN) – The executor of an estate delivered a 40-year-old document that was purportedly a last will and testament, but the Tennessee Court of Appeals ruled that it had no effect because it was not an original.
Elizabeth Vantrease filed a petition to open the estate of her grandmother, Emma Hutcherson. She produced a handwritten document, dated July 10, 1968.
It states: “This is my only will. This house shall not be sold as long as any of my child[ren] need it as a home, and are able to keep it in good repair. Those living in this home must help with the upkeep of the property. May God bless all of you. Your mother, Emma K. Hutcherson.”
The trial court allowed Vantrease to administer her grandmother’s estate, but did not accept the instrument as a valid will.
Judge Clement ruled that John Wesley Hutcherson, the surviving son living in the house, waived his right to show proof that the holographic document is valid.