Session: April 26, 2017
from the Chancery Court for Henry County No. 22941 Carma
Dennis McGee, Chancellor
a declaratory judgment case. Decedent, mother to the parties,
died testate, leaving a holographic will that divided her
real property between her two sons, David Alsup/Appellant and
William Alsup/Appellee. The probate court admitted the will
to probate. Following completion of the probate proceeding,
William obtained a survey dividing the property as provided
for in Decedent's will. David refused to accept the
survey procured by William, and William then filed this
action to quiet title and for ejectment. David filed an
answer but did not file a counterclaim or a countervailing
survey. William moved for summary judgment, which the trial
court granted. Discerning no error, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded.
C. Alsup, Buchanan, Tennessee, Appellant, Pro Se.
William Dale Alsup, Paris, Tennessee, Appellee, Pro
Armstrong, J., delivered the opinion of the court, in which
Arnold B. Goldin and Brandon O. Gibson, JJ., joined.
MEMORANDUM OPINION 
December 20, 2005, Helen Alsup ("Decedent") died
testate. On November 13, 2002, Decedent executed a
holographic will, which provided that Decedent's real
property, which is located in Henry County, Tennessee (the
"Property"), would be divided into two tracts, with
one tract given to each of her two sons, David Alsup
("Appellant") and William Alsup
("Appellee"). Decedent's holographic will
devised the Property to David and William as follows:
[First, ] William D. Alsup to receive the first 150 feet from
Wm. D. Alsup property (Johnson's) Hwy 79N frontage and
then to back property line with side line straight to back
where Davids (sic.) begins.
[Second, ] David C. Alsup to receive 262 ft[.] Hwy 79 N.
frontage and then to side & back line. [Third, ]
[a]proximately (sic.) [a]t 412 ft. Hwy 79 N. frontage total
both property to include any building on their part of land.
Any property cost divided equally or individually on their
August 2, 2011, the probate court admitted Decedent's
will to probate. The probate court ordered, in relevant part:
[T]he handwritten document dated 13 November, 2002
submitted to the [c]ourt is a valid [h]olographic [w]ill and
is the last will and testament of Ms. Helen M. Alsup and
shall be entered into the [p]robate records as the last will
and testament of Ms. Helen M. Alsup….
[T]he [h]olographic will of Ms. Helen M. Alsup shall be
entered for muniment of title to the real property owned by
Ms. Helen M. Alsup ...