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IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
August 27, 2001 Session

IN RE: THE ESTATE OF J. CRAWFORD MURPHY
Appeal from the Probate Court for Sevier County
No. P97-10-506 Jeff D. Rader, Judge
FILED DECEMBER 27, 2001
No. E2001-01112-COA-R3-CV

In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his Estate.  We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the Trial Court.
Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Probate Court Reversed;
Cause Remanded

HOUSTON M. GODDARD, P.J., delivered the opinion of the court, in which CHARLES D. SUSANO, JR., and D. MICHAEL SWINEY, JJ., joined.
John T. McArthur, and Martha S. L. Black, Maryville, Tennessee, for the Appellant, Matthew Thompson
Edward H. Hamilton, Sevierville, Tennessee, for the Appellee, Robert A. Murphy, Executor of the Estate of J. Crawford Murphy

OPINION
The question presented by this appeal is whether Larry Thompson, who was the Executor of the Estate of his mother, Mae Thompson Murphy, had an absolute right under T.C.A. 31-4-101 and 31-4-105 to take an elective share of the Estate of her husband, J. Crawford Murphy, that his mother would have been entitled to take had she not died.
The facts giving rise to this appeal are not in dispute, and our review is de novo without any presumption of the correctness of the Probate Court

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Tennessee Law