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DOWDY v. SMITH

No. 2001-CA-00562-COA.

818 So.2d 1255 (2002)

In the Matter of the Estate of Zula M. DOWDY: J.T. Malone, Donna B. Warren, Jane Bolin and Betty Kline, Appellants, v. Tommy SMITH, Appellee.

Court of Appeals of Mississippi.

June 11, 2002.

Attorney(s) appearing for the Case

James G. McLemore, Jr., Carthage, attorneys for appellants.

Jeffrey T. Webb, Carthage, attorneys for appellee.

Before SOUTHWICK, P.J., THOMAS, and MYERS, JJ.

SOUTHWICK, P.J., for the court.

¶ 1. Presented here are issues regarding the possible revocation of a last will and testament, the mental capacity of the testator when executing a power of attorney, and the possible undue influence of a family member over the testator. The chancellor set aside the power of attorney and some transfers effected under it, and then upheld the validity of the will over the claim of revocation. On appeal it is argued that the chancellor...

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