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IN RE ESTATE OF McDEVITT

No. 98-CA-00703-COA.

755 So.2d 1125 (1999)

In the Matter of the ESTATE OF Henry Sproul McDEVITT, Deceased. Elizabeth Ann McDevitt, Appellant, v. Henry S. McDevitt, Jr., Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 10, 1999.

Certiorari Denied October 14, 1999.

Attorney(s) appearing for the Case

Mark W. Prewitt, Vicksburg, Attorney for Appellant.

Kenneth B. Rector, Vicksburg, Attorney for Appellee.

BEFORE McMILLIN, C.J., IRVING, AND PAYNE, JJ.

IRVING, J., for the Court:

¶ 1. This is the case of a will contest filed by Henry McDevitt, Jr. The proponent of the will is Henry's sister, Elizabeth Ann McDevitt. Henry filed a motion for summary judgment on the ground that the will was not attested by two credible witnesses in the presence of the testator as required by Miss.Code. Ann. § 91-5-1 (Rev.1994), in the case of non-holographic wills. Elizabeth filed a counter motion for summary judgment claiming...

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