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Judge provisionally admits handwritten will for David D. Matthews Sr., appoints daughter to administer estate
Summary
The court admitted a holographic will attested by two disinterested witnesses and provisionally allowed administration to proceed under that document, with 30 days for any contesting party to file objections.
A Cheatham County judge provisionally admitted a handwritten (holographic) will for the estate of David D. Matthews Sr. after two disinterested witnesses testified that the handwriting and signature were those of the deceased. The court accepted testimony from family members and witnesses who said the document reflected Matthews’s testamentary wishes and identified his daughter (referred to in the will as "Misty," given name Mary Melissa Matthews) as the person to oversee property and administration.
Under Tennessee probate law governing holographic wills, the court received affidavits and live testimony from two witnesses who said they recognized the decedent’s handwriting. The judge found the instrument met statutory requirements for a holographic will — written entirely in the decedent’s handwriting and intended as a testamentary instrument — and admitted it to probate. The judge provisionally admitted the will and directed that anyone contesting the admission must file a challenge within 30 days.
Why it matters: The ruling moves estate administration forward without a lengthy initial contest and provides direction for distributing the principal asset — the decedent’s residence in Cheatham County — while preserving due process for relatives or other interested parties who may later contest the instrument’s validity.
Testimony and next steps: Witnesses described the decedent’s intent that certain grandchildren continue to live in the home and that his daughter oversee the property. The judge said he would allow the administration to proceed under the admitted holographic will, but retained jurisdiction to address any later challenges. The court asked counsel for the petitioner to prepare a written order reflecting the admission and the 30-day contest period.
Court order and procedure: The judge directed that an order admitting the will be filed and that notice be given to the parties listed on the certificate of service. The court indicated it would set administration and ancillary scheduling consistent with local probate procedures.
