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ANDERSON v. ANDERSON

419 S.W.2d 166 (1967)

Malcolm S. ANDERSON, Appellant, v. William B. ANDERSON, Administrator cum testamento annexo, Appellee.

Supreme Court of Tennessee.

September 1, 1967.

Attorney(s) appearing for the Case

Frank L. Flynn, Knoxville, Flynn & Flynn, of Knoxville, of counsel, for appellant.

Doyle E. Richardson, Tullahoma, Henry, McCord, Forrester & Richardson, Tullahoma, for appellee.

OPINION

DYER, Justice.

Malcolm S. Anderson appeals from the order of the trial judge sustaining a demurrer and dismissing his petition to contest the will of his father on the issue of devisavit vel non.

On 24 February 1955 the testator executed his will before subscribing witnesses and died on 29 September 1965. Under the terms of the will testator made a division of his property between his wife and their two sons. Malcolm S. Anderson, one of the...

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