MATTER OF ESTATE OF GARDNER

No. 89-CA-0039.

566 So.2d 1208 (1990)

In re In the MATTER OF the ESTATE of Prentiss GARDNER. Algia Lee WASH, Administrator of the Estate of Prentiss Gardner, Deceased, and Individually, and Tyree Viverette, Samuel Viverette, Willie Viverette, Johnny Viverette, and Wiley Viverette v. Rebecca McINTOSH and Charles E. Hopkins.

Supreme Court of Mississippi.

August 1, 1990.


Attorney(s) appearing for the Case

Davey L. Tucker, Jackson, for appellants.

W.H. Johnson, Jr., Decatur, for appellees.

Before DAN M. LEE, P.J., and PRATHER and SULLIVAN, JJ.


DAN M. LEE, Presiding Justice, for the Court:

The Chancery Court of Newton County dismissed the claim of heirship by an alleged out-of-wedlock son as being time barred by the statute of limitations of MISS. CODE ANN. § 91-1-15(3)(c) (Supp. 1988). Algia Lee Wash, appellant, appeals that adverse ruling. Finding merit in the contentions of appellant, we reverse and remand.

STATEMENT OF THE FACTS

In 1987, Prentiss Gardner was 85 years old and in...

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