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IN RE ESTATE OF SMITH

No. 96-CA-01190-SCT.

722 So.2d 606 (1998)

In re LAST WILL AND TESTAMENT AND ESTATE OF Mrs. Elizabeth R. SMITH, Deceased. David R. Smith and Mrs. Annette Smith, Husband and Wife v. Mrs. Jeanette Averill and Oren Pickering.

Supreme Court of Mississippi.

October 22, 1998.

Attorney(s) appearing for the Case

Daniel J. O'Beirne, Natchez, Attorney for Appellants.

J. Anthony Williams, Natchez, Attorney for Appellees.

Before SULLIVAN, P.J., and MILLS and WALLER, JJ.

MILLS, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On December 16, 1994, the Last Will and Testament of Mrs. Elizabeth R. Smith was admitted to probate in Adams County, Mississippi. Jeanette Averill and Oren Pickering, the sole surviving heirs at law of the testatrix, filed their petition to contest probate of will and for accounting on February 2, 1995. They contend that the testatrix, Mrs. Elizabeth R. Smith, lacked testamentary capacity...

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