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MATTER OF ESTATE OF TALLANT v. TALLANT

Nos. 92-CA-00859, 91-CA-01045.

644 So.2d 1189 (1994)

In the MATTER OF the ESTATE of Hattie Aston TALLANT, Deceased, Genola Tallant Smith, Milton A. Tallant, Luther Jeff Tallant, and Milton A. Tallant, Jr., v. Charlene S. TALLANT, Executrix of the Estate of O.J. Tallant, Jr., and Lana Tallant Hallman. In the Matter of the ESTATE OF Hattie Aston TALLANT, Deceased, Genola Tallant Smith v. Charlene S. TALLANT, Executrix of the Estate of O.J. Tallant, Jr., Milton A. Tallant and Lana Tallant Hallman.

Supreme Court of Mississippi.

Rehearing Denied December 1, 1994.

Attorney(s) appearing for the Case

Michael B. Gratz, Paul S. Funderburk, Tupelo, for appellant.

James B. Floyd, III, Tupelo, C. Michael Malski, Carnathan & Malski, Amory, for appellee.

Before PRATHER, P.J., and BANKS and SMITH, JJ.

BANKS, Justice, for the Court:

This consolidated case involves the probate of a copy of a will where the original was not found after the testator's death. We find manifest error in the chancellor's conclusion that the proponent of the will did not overcome the presumption of revocation with the necessary clear and convincing evidence. We, therefore, reverse and render.

I.

On December 28, 1990, two days after her 80th birthday, Hattie Aston Tallant...

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