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IN RE ESTATE OF BYRD

No. 97-CA-00123-COA.

749 So.2d 1214 (1999)

In the Matter of the ESTATE OF B.Z. BYRD, Deceased. Helen Winans, Appellant, v. Elvin O'Neil (Kelly) Byrd, Appellee.

Court of Appeals of Mississippi.

September 14, 1999.

Attorney(s) appearing for the Case

M. James Chaney, Jr., Vicksburg, Attorney for Appellant.

Wren C. Way, Vicksburg, Attorney for Appellee.

BEFORE SOUTHWICK, P.J., DIAZ AND MOORE, JJ.

DIAZ, J., for the Court:

¶ 1. Helen Winans appeals a December 23, 1996 decision of the Warren County Chancery Court declaring void the new will executed by B.Z. Byrd on February 3, 1992. The record supports the chancellor's finding that Byrd lacked testamentary capacity to make a new will because of the totality of circumstances surrounding the medical condition from which he was suffering at the time and the effects of the drugs used to control his symptoms...

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