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CLARDY v. NATIONAL BANK OF COMMERCE

No. 07-58923.

555 So.2d 64 (1989)

Earl Leon CLARDY, Joyce Clardy Boyd, and all other Interested Parties v. The NATIONAL BANK OF COMMERCE OF MISSISSIPPI, Executor of the Estate of Anita P. Clardy, Deceased.

Supreme Court of Mississippi.

December 13, 1989.

Attorney(s) appearing for the Case

Gary R. Parvin, Starkville, for appellants.

John Paul Moore, Starkville, for appellee.

Before HAWKINS, P.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This appeal arises from a will contest. The Chancery Court upheld the will of an elderly widow which in effect disinherited her two adopted children and the question is whether the Court saddled the wrong parties with the burden of persuasion en route. We hold the Court erred in this regard and reverse.

II.

Anita P. Clardy, at the time a seventy-nine year old widow residing in Starkville, Mississippi...

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