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Wills, Trusts And Estates--1956 Tennessee Survey, W. J. Bowe
Wills, Trusts And Estates--1956 Tennessee Survey, W. J. Bowe
Vanderbilt Law Review
The Tennessee statute creates a rebuttable presumption that any transfer or conveyance of property to a child shall be treated as an advancement. The above evidence would seem adequate to rebut the presumption but the court went further and stated that, without regard to this evidence, the transfer was not to be so treated since an advancement must be irrevocable and in presentae. Query, if this language may not be misleading and cause confusion in later cases. American case law does not require that an advancement be irrevocable. Thus the proceeds of a life insurance policy, though the decedent retained …