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MATTER OF WILL

No. 47489.

293 So.2d 446 (1974)

In the Matter of the Probate of the Last WILL and Testament of James Thomas Odom, Deceased. Mrs. Virginia W. TALLEY et al. v. Dr. Carl Duncan ODOM et ux.

Supreme Court of Mississippi.

Rehearing Denied May 13, 1974.

Attorney(s) appearing for the Case

Harris Sullivan, Jr., Mendenhall, for appellants.

A.K. Edwards, Mendenhall, for appellees.

GILLESPIE, Chief Justice:

This will contest was tried before the Chancery Court of Simpson County without a jury. Appellants contested the purported holographic will of James Thomas Odom, deceased, on the grounds of (1) lack of testamentary capacity, and (2) the handwriting of the will and the signature thereto not being that of the purported testator. These factual and other subsidiary legal questions were decided in favor of the proponents of the will after a lengthy...

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