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MATTER OF ESTATE OF ROSAMOND

No. 48518.

326 So.2d 465 (1976)

In the Matter of The ESTATE of William I. ROSAMOND, Deceased. Robert F. GATZKE v. Mrs. Lilla Pratt ROSAMOND, Executrix.

Supreme Court of Mississippi.

February 10, 1976.

Attorney(s) appearing for the Case

Parker, Averill & Winston, Tupelo, for appellant.

Burgin, Gholson, Hicks & Nichols, Robert B. Prather, Columbus, for appellee.

Before GILLESPIE, WALKER and BROOM, JJ.

BROOM, Justice, for the Court:

Requirement that Mrs. Rosamond (Executrix, appellee) post a $1,000,000 bond was the purpose of appellant's petition filed in the Chancery Court of Lowndes County, Mississippi. The will of William I. Rosamond, deceased, provided that no bond be required. Gatzke (petitioner) cites Mississippi Code Annotated section 91-7-45 (1972) and claims standing as creditor of the estate to require that the bond be posted. Appellee's petition that...

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