IN RE LAST WILL AND TESTAMENT OF SHEPPARD

No. 1998-CA-01658-SCT.

757 So.2d 173 (2000)

In the Matter of the LAST WILL AND TESTAMENT OF J.E. SHEPPARD, Sr., Deceased. Margaret Sheppard v. Bobby Pace, Executor of the Last Will and Testament of J.E. Sheppard, Sr., Deceased, and Patricia Hall Sheppard.

Supreme Court of Mississippi.

Rehearing Denied March 16, 2000.


Attorney(s) appearing for the Case

Gene A. Wilkinson, James A. Peden, Jr., Jackson, Attorneys for Appellant.

Robert E. Williford, Marcie Marvel Fyke, Patrick F. McAllister, Jackson, Attorneys for Appellees.

BEFORE PRATHER, C.J., BANKS AND McRAE, JJ.


BANKS, Justice, for the Court:

¶ 1. In this probate dispute a divorce settlement provided that the monthly alimony payments terminate upon the death or remarriage of the wife. There was no mention as to the husband's death. The agreement was made binding upon the parties, their administrators, executors and assigns. We conclude that such an agreement only terminates, as stated by its terms, upon the death or remarriage...

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