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IN RE ESTATE OF FITZNER

No. 2001-CA-01898-SCT.

881 So.2d 164 (2003)

In the Matter of the ESTATE OF George FITZNER, Deceased. Oliver L. Phillips v. Julie Fitzner Jurotich, Administratrix, C.T.A.

Supreme Court of Mississippi.

January 23, 2003.

Attorney(s) appearing for the Case

David L. Sanders, Jeffrey Johnson Turnage, Columbus, attorneys for appellant.

James W. Craig, Jackson, J. Randolph Lipscomb, Columbus, attorneys for appellee.

Before PITTMAN, C.J., WALLER and CARLSON, JJ.

WALLER, J., for the Court:

¶ 1. This case involves an appeal from a judgment denying a probated claim filed by Oliver L. Phillips, one of the partners in a limited partnership, against the Estate of George E. Fitzner, the other partner. The chancellor found that advances made by Phillips for the benefit of Fitzner were subject to a written memorandum agreement which restricted Phillips' recovery to assets from the partnership. The chancellor further found that...

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