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MATTER OF ESTATE OF FRANZKE

No. 91-CA-00673.

634 So.2d 117 (1994)

In the Matter of the ESTATE OF Betty Sims FRANZKE, Deceased. MEMORIAL HOSPITAL AT GULFPORT v. Jon FRANZKE, Individually and as Executor of the Estate of Betty Sims Franzke, Deceased; and Sissy Franzke, Individually.

Supreme Court of Mississippi.

March 17, 1994.

Attorney(s) appearing for the Case

Robert C. Galloway, Galloway & Galloway, Gulfport, for appellant.

David S. Raines, Page Mannino & Peresich, Biloxi, for appellee.

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

SMITH, Justice, for the Court.

This appeal arises from a decision of the chancellor in Harrison County Chancery Court in favor of Jon Franzke and the Estate of Betty Sims Franzke against the Memorial Hospital at Gulfport. The single issue of contention, before this Court on first impression, is this Court's interpretation of Mississippi Code Ann. § 85-3-49 and § 91-1-21, in relation to the following situation: when a decedent dies leaving no surviving spouse...

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