Phillips v. Phillips

OPINION

COOPER, Justice.

This is an action to set aside the probate of the will of Mabel May Phillips. The defendants moved for a summary judgment, pleading the seven year limitation on actions set forth in T.C.A. 32-410. The trial judge overruled the motion and certified the issue to this court pursuant to T.C.A. 27-305. The sole issue is whether the action is barred by the statute of limitations.

To set the scene and to give the chronological course of events, plaintiffs, C. N. Phillips, Mattie P. Davis, and Ellen Groves, are the brother and sisters of Mabel May Phillips, who died on May 28,…