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DEPOSIT GUAR. NAT. BANK v. COTTEN

No. 53708.

420 So.2d 242 (1982)

DEPOSIT GUARANTY NATIONAL BANK, Catherine M. Fortenberry, John L. Sullivan and Jackie Sullivan v. Joel COTTEN.

Supreme Court of Mississippi.

October 6, 1982.

Attorney(s) appearing for the Case

Scales & Scales, Clarence R. Scales, Jackson, Wells & Blalock, Calvin B. Wells, Natchez, for appellants.

W.W. Hewitt, Meadville, for appellee.

Before SUGG, HAWKINS and PRATHER, JJ.

PRATHER, Justice, for the Court:

The appellants, as beneficiaries and trustee, filed a petition in the Chancery Court of Franklin County to probate a copy of Louise Cotten's 1961 will. Mrs. Cotten's husband, Joel Cotten, contested the probate of the 1961 will by claiming that it had been revoked by a subsequent 1979 will. Alternatively, he alleged that the 1961 will had presumably been revoked since its original was missing...

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