In Re Estate of Barnhill

OPINION

FRANK F. DROWOTA, III, CJ,

delivered the opinion of the court,

in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JJ, joined.

We granted this appeal to determine whether the Fayette County Chancery Court had jurisdiction to hear the issue of devisavit vel non 1 in this case, and whether the law in Tennessee permits a voluntary dismissal without prejudice in a will contest. We conclude that the chancery court had jurisdiction to hear the will contest in this case, but that the appellant’s voluntary dismissal was with prejudice, barring the filing of…