2020 Tennessee Code
Title 32 - Wills
Chapter 3 - Construction, Operation and Effect
§ 32-3-101. Operation of Will
A will shall be construed, in reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, and shall convey all the real estate belonging to the testator, or in which the testator had any interest at the testator's decease, unless a contrary intention appear by its words in context.
Code 1858, § 2195 (deriv. Acts 1851-1852, ch. 180, § 2); Shan., § 3927; Code 1932, § 8133; T.C.A. (orig. ed.), § 32-301.
Cross-References. Fraudulent devises, title 66, ch. 3, part 2.
Jurisdiction of chancery courts of probate and related matters, title 16, ch. 16, part 2.
Living wills, title 32, ch. 11.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 14, 28, 30, 151, 169, 198, 303, 403, 427.
Tennessee Jurisprudence, 11 Tenn. Juris., Evidence, § 45; 25 Tenn. Juris., Wills, §§ 88, 109, 119, 126, 131, 147.
Law Reviews.
Bringing Tennessee into the Twentieth Century Re Possibilities of Reverter, Powers of Termination and Executory Interests When Used as Land Control Devices (Nicholas L. White), 15 Mem. St. U.L. Rev. 555 (1985).
Property Law — Wills — Effect of Lapsed Residuary Gifts in the State of Tennessee, 73 Tenn L. Rev. 711 (2006).
Survey of Tennessee Property Law, II. Estates in General (Toxey H. Sewell), 46 Tenn. L. Rev. 161 (1979).
Wills — Construction of “Issue” and the Adopted Child, 40 Tenn. L. Rev. 134 (1973).
