32-4-107 - Trial by jury Certification to probate court.

32-4-107. Trial by jury Certification to probate court.

(a)  The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established.

(b)  If the issue was tried upon a copy of the original will, the copy shall be sent to the court to be recorded, and the certificate, copy, verdict, and judgment shall have the same effect as if the original paper writing were in existence and so certified to the court having probate jurisdiction over the will.

[Code 1858, §§ 2180, 2181 (deriv. Acts 1789, ch. 23, § 1; 1835-1836, ch. 5, § 9; 1851-1852, ch. 77, § 2); Shan., §§ 3912, 3913; Code 1932, §§ 8110, 8111; Acts 1980, ch. 765, §§ 2, 3; T.C.A. (orig. ed.), §§ 32-408, 32-409; Acts 1992, ch. 951, § 9.]