Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the formalities required for making wills was offered for probate and contested by the decedents sole heir at law and next of kin. From the writing it appears that the decedent was primarily interested in naming an experienced and dependable personal representative to take charge of his assets, pay claims, expenses and taxes, file all proper tax returns, and distribute the estate according to the laws of intestate succession.
Herman L. Trautman,
Decedents' Estates, Trusts and Future Interest -- 1964 Tennessee Survey,
18 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol18/iss3/15