Tennessee § 66-26-104 - Rights as between transferee of decedent and purchaser from heir or devisee.

§ 66-26-104. Rights as between transferee of decedent and purchaser from heir or devisee.

Any such instrument entitled to registration which is not duly registered prior to the expiration of sixty (60) days following the death of the maker of any such instrument shall be null and void as to innocent purchasers for a present valuable consideration from such person or persons as would, but for the execution of the instrument by the decedent, succeed to the rights of the decedent to such property in respect to which such unrecorded instrument was executed; provided, that the holder or any person entitled to the benefit of any such unrecorded instrument shall have a right of action against any such transferors for the reasonable value of any such property transferred, to the extent of the interest of the holder in the property, if brought within one (1) year of the recording of the instrument made by such transferors, if the instrument by which the transfer is made is required to be recorded for the protection of the purchaser under the laws of this state, otherwise the action shall be brought within one (1) year from the consummation of such sale or transfer. Acts 1937, ch. 122, § 1; C. Supp. 1950, § 7668; T.C.A. (orig. ed.), § 64-2604; Acts 1987, ch. 276, § 1. Cross-References. Unregistered instruments void as to creditors and bona fide purchasers, § 66-26-103 . Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Assignments for the Benefit of Creditors, § 22; 18 Tenn. Juris., Marriage Contracts and Settlements, § 7; 21 Tenn. Juris., Recording Acts, §§ 3, 6, 8, 15. Law Reviews. Article Nine Deficiency Sales: The Windfall Factor (Mark Nelson Miller), 7 Mem. St. U.L. Rev. 475 (1977).