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Keywords

trialsummary judgmentprobatewill
plaintiffdefendantappealtrialaffidavitmotionsummary judgmentwillmotion to dismiss

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Taylor v. Holt, 134 S.W.3d 830

Facts

Steve Godfrey prepared his last will and testament on his computer, affixing a computer-generated signature and having two neighbors witness the document. After Godfrey's death, his girlfriend, Doris Holt, submitted the will for probate, while his sister, Donna Godfrey Taylor, filed a complaint claiming the will was not signed and that Godfrey died intestate. The trial court found that all legal requirements for the execution and witnessing of the will had been met, leading to the summary judgment in favor of Holt.

Steve Godfrey prepared a document in January of 2002, purporting to be his last will and testament. The one page document was prepared by Deceased on his computer. Deceased asked two neighbors, Hershell Williams and Teresa Williams to act as witnesses to the will. Deceased affixed a computer generated version of his signature at the end of the document in the presence of both Hershell and Teresa Williams.

Issue

Whether the trial court erred in finding that the computer-generated signature on the will complied with the legal requirements for the execution of a will, and whether an alleged beneficiary under a will should be allowed to receive benefits from the estate even though the will refers to the beneficiary only by her first name.

Although not stated exactly as such, Plaintiff raises two issues on appeal: 1) whether the Trial Court erred in finding that the computer generated signature on the will complied with the legal requirements for the execution of a will, and, thus, erred in granting Defendant summary judgment; and, 2) whether an alleged beneficiary under a will should be allowed to receive benefits from the estate even though the will refers to the beneficiary only by her first name.

Rule

The execution of a will must be by the signature of the testator and at least two witnesses, and a signature includes any symbol or methodology executed by a party with the intention to authenticate a writing, regardless of being witnessed.

Tenn.Code Ann. § 32–1–104 addresses the requisite formalities for the execution and witnessing of a will in Tennessee and states: The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows: (1) The testator shall signify to the attesting witnesses that the instrument is his will and either: (A) Himself sign; (B) Acknowledge his signature already made; or (C) At his direction and in his presence have someone else sign his name for him; and (D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses.

Analysis

The court determined that Godfrey's computer-generated signature was intended to operate as his signature, as it was affixed in the presence of two witnesses who attested to the execution of the will. The court distinguished this case from previous rulings by noting that Godfrey's use of a computer to sign the will met the statutory requirements for a valid signature under Tennessee law. The court found no disputed material facts and concluded that the will was properly executed.

The situation in Estate of Wait is dissimilar to the instant case. In the case at hand, Deceased did make a mark that was intended to operate as his signature. Deceased made a mark by using his computer to affix his computer generated signature, and, as indicated by the affidavits of both witnesses, this was done in the presence of the witnesses.

Conclusion

The court affirmed the trial court's decision, holding that the will was validly executed and witnessed in accordance with Tennessee law.

The judgment of the Trial Court is affirmed, and this cause is remanded to the Trial Court for such further proceedings as may be required, if any, consistent with this Opinion and for collection of the costs below.

Who won?

Doris Holt prevailed in the case because the court found that the will was properly executed and met all legal requirements.

Defendant filed a motion to dismiss or in the alternative for summary judgment claiming that all of the legal requirements concerning the execution and witnessing of a will under Tennessee law had been met and filed the supporting affidavits of Hershell and Teresa Williams.

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