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IN RE ADMINISTRATION OF ESTATE OF ABERNATHY

Nos. 1999-CA-01432-SCT, 1999-CA-01433-SCT, 1999-CA-01506-SCT.

778 So.2d 123 (2001)

In re ADMINISTRATION OF THE ESTATE OF John Rammie ABERNATHY, Jr., Deceased. In re Administration Of The Estate Of John Rammie Abernathy, Jr., Deceased. In re Administration Of The Estate Of John Rammie Abernathy, Jr., Deceased.

Supreme Court of Mississippi.

January 25, 2001.

Attorney(s) appearing for the Case

Greg E. Beard, B. Sean Akins, Ripley, Attorneys for Appellant.

Phil R. Hinton, Corinth, Attorney for Appellee.

Before BANKS, P.J., SMITH and COBB, JJ.

SMITH, Justice, for the Court:

¶ 1. This case comes to this Court on appeal from the Alcorn County Chancery Court. The chancellor ruled that no clear and convincing evidence was established to create a resulting trust from the will of Frances G. Abernathy. In a consolidated case, with Sue McLellan, the chancellor ruled there was no presumption in favor of a joint tenancy with regards to a safety deposit box. Aggrieved by the chancellor's findings, Bruce and Sandra...

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