In Re: Estate of Donald Ben Henderson, Deceased, Jeff Henderson v. Kenneth Henderson

Case Number
E2002-01155-SC-R11-CV

We granted review in this case to decide whether a probate court's rejection of all purported wills submitted for probate and the entering of an order finding that the decedent died intestate constitutes a final order for purposes of appeal. Jeff Henderson, the plaintiff-appellant, asserts that the trial court's order rejecting the decedent's wills and finding that he died intestate was not a final order because the trial court did not certify it as such under Rule 54.02 of the Tennessee Rules of Civil Procedure. The defendant-appellee, Kenneth Henderson, responds that the rejection of the submitted wills and the finding of intestacy represent a final judgment which must be appealed, if at all, within thirty days. The Court of Appeals agreed with the defendant, and held that the probate court's order rejecting the wills for probate was a final judgment that had to be appealed within thirty days. Since the plaintiff's notice of appeal was filed beyond thirty days, the appeal was dismissed. After careful consideration, we have determined that the intermediate court correctly resolved the case. Accordingly, the judgment of the Court of Appeals is affirmed.

 

Authoring Judge
Chief Justice Frank F. Drowota, III
Originating Judge
Judge Edwin C. Harris
Case Name
In Re: Estate of Donald Ben Henderson, Deceased, Jeff Henderson v. Kenneth Henderson
Date Filed
Dissent or Concur
No
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