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MATTER OF ESTATE OF WARE

No. 90-CA-0345.

573 So.2d 773 (1990)

In the Matter of the ESTATE OF James W. WARE, Deceased. Deborah J. SCHMITT, Administratrix v. Jeraldine CAPERS.

Supreme Court of Mississippi.

December 19, 1990.

Attorney(s) appearing for the Case

Woodrow W. Pringle, III, Gulfport, for appellant.

Jim W. Rose, Gulfport, for appellee.

Before HAWKINS, P.J., and PRATHER and SULLIVAN, JJ.

PRATHER, Justice, for the Court:

I. INTRODUCTION

This case involves an appeal of a chancellor's rejection of a request to file an out-of-time appeal. Deborah J. Schmitt, administratix of James W. Ware's estate, made the request and cited "excusable neglect" as her basis, which the chancellor rejected after holding an evidentiary hearing. In determining whether excusable neglect was evidenced, this Court construed...

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