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MEDDERS v. RYLE

No. 54281.

458 So.2d 685 (1984)

Hugh MEDDERS, Executor, Estate of Yewing Winon Medders, Deceased v. Betty RYLE, Executrix, Estate of Mary Davis Medders, Deceased.

Supreme Court of Mississippi.

Rehearing Denied November 14, 1984.

Attorney(s) appearing for the Case

Charles C. Jacobs, Jr., Lindsey C. Meador, Jacobs, Griffith, Pearson, Eddins & Povall, Cleveland, for appellant.

William Cliff Heaton, Neblett, Bobo & Chapman, Shelby, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and PRATHER, JJ.

PRATHER, Justice, for the Court:

This appeal addresses the competency of evidence under the "Deadman's Statute" and sufficiency of proof required to establish a resulting trust. The suit arose within the administration of the estate of Yewing Winon Medders, deceased, when notice of the filing of heirship determination was given to the deceased's first wife, Mary Davis Medders and the five children of their marriage. The Chancery Court of Bolivar County held that a...

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