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McMURTRAY v. DEPOSIT GUARANTY BANK AND TRUST CO.

No. 43859.

184 So.2d 395 (1966)

George L. McMURTRAY, Jr. v. DEPOSIT GUARANTY BANK AND TRUST COMPANY, Executor of the Estate of Mrs. Sallie Fitzgerald Herring, Deceased.

Supreme Court of Mississippi.

March 21, 1966.

Attorney(s) appearing for the Case

Barnett, Montgomery, McClintock & Cunningham, Jackson, for appellant.

Ernest L. Shelton, Jackson, for appellee.

SMITH, Justice:

Mrs. Sallie Fitzgerald Herring died on March 8, 1963, and her last will and testament was admitted to probate in the Chancery Court of the First Judicial District of Hinds County. In her will, she named her husband as executor, but provided that if he predeceased her, Deposit Guaranty Bank and Trust Company of Jackson should be the executor. In Item IV of the will, testatrix devised her home in Jackson to Deposit Guaranty Bank and Trust Company, as...

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