IN RE ESTATE OF SMITH

No. 2000-CA-00778-SCT.

827 So.2d 673 (2002)

In the Matter of the ESTATE OF Bennie Loyd SMITH, Deceased: Tyree Irving and Ethola Irving v. Hallie Phillips Streater.

Supreme Court of Mississippi.

Rehearing Denied October 10, 2002.


Attorney(s) appearing for the Case

Everett T. Sanders, Natchez, attorney for appellants.

Luke J. Schissel, Greenwood, attorney for appellee.

EN BANC.


PITTMAN, C.J., for the court.

¶ 1. Bennie Loyd Smith died at the distinguished age of 100 on March 28, 1997. Eleven days later, Tyree Irving filed a petition to probate a will dated February 1, 1997, in the Chancery Court of the Second Judicial District of Carroll County, attesting that it was Smith's last testament. Irving was appointed executor of the estate and issued letters of administration. Four days after Irving's petition, Hallie Phillips Streater filed...

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