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MERRIMAN v. JONES

620 S.W.2d 88 (1981)

Lota Davidson MERRIMAN, Plaintiff-Appellant, v. Mittie Jo Merriman JONES, Glenda Merriman Alexander, Tom H. Merriman, Jr., Richard Wayne Merriman and Floyd Merriman, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied August 24, 1981.

Attorney(s) appearing for the Case

W.C. Keaton, Keaton, Turner & Peluso, Hohenwald, James A. Hopper, Savannah, for plaintiff-appellant.

Geo. G. Gray, Charles Jeffrey Barnett, Waynesboro, for defendants-appellees.

Appeal Denied by Supreme Court August 24, 1981.

OPINION

CANTRELL, Judge.

In this case we are concerned with the effect of T.C.A. § 31-604 on the time within which a surviving spouse may dissent from the will under T.C.A. § 31-601.

A surviving spouse's right to dissent from a will is preserved in T.C.A. § 31-601:

The surviving spouse shall have a right of election to take an elective share of one-third (1/3 of decedent...

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