LEE v. LEE

No. 48809.

337 So.2d 713 (1976)

Frances Simmons LEE, Executrix, et al. v. J.C. LEE, Conservator.

Supreme Court of Mississippi.

September 28, 1976.


Attorney(s) appearing for the Case

M.M. Roberts, S. Wayne Easterling, Hattiesburg, for appellants.

Holmes, Dukes & Welborn, Alfred B. Jernigan, Jr., Hattiesburg, for appellee.

Before INZER, SMITH and BROOM, JJ.


BROOM, Justice, for the Court:

While his estate was under conservatorship, Herbert Hall Lee (now deceased) executed his Last Will and Testament without court authority or knowledge of his conservator. The Chancery Court of Forrest County decreed that the Will was invalid, but we reverse.

The controlling issue is: May a person whose estate is under conservatorship execute a valid will without court authority or consent of the conservator?

In 1968 Herbert...

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