IN RE ESTATE OF DAVIS

No. M2009-00660-SC-S09-CV.

IN RE ESTATE OF MARY REEVES DAVIS

Supreme Court of Tennessee, at Nashville.

Filed April 23, 2010.


Attorney(s) appearing for the Case

Ames Davis and Paul C. Hayes, Nashville, Tennessee, for the appellant, Ames Davis, Administrator of the Estate of Mary Reeves Davis.

Jeffrey Alan Greene, Nashville, Tennessee, for the appellee, W. Terry Davis.

Gary R. Wade, delivered the opinion of the Court, in which Janice M. Holder, C.J., Cornelia A. Clark, William C. Koch, Jr., and Sharon G. Lee, JJ., joined.


OPINION

GARY R. WADE, JUSTICE.

In this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously denied his motion for summary judgment. Because the statute is one of limitations rather than repose, because exceptions within the statute do not...

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