WEISSINGER v. SIMPSON

No. 2002-CA-01137-SCT.

861 So.2d 984 (2003)

Anne W. WEISSINGER, Martha W. Weissinger, William T. Wynn, II, and Margaret W. Fortier v. Elliott Vaughan Doss SIMPSON, Lenore Anne D. Gault and CYnthia Louise Doss Cooper.

Supreme Court of Mississippi.

December 4, 2003.


Attorney(s) appearing for the Case

Franklin Alan Garrison, Neville H. Boschert, Jackson, Charles H. Weissinger, Rolling Fork, attorneys for appellants.

E. Randolph Noble, Jr., David S. Rounsavall, Greenville, attorneys for appellees.

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


SMITH, Presiding Justice, for the Court.

¶ 1. In this estate case, we review a chancellor's finding that a testator's use of the term "then living issue" was intended to include adopted children. This Court must determine whether the phrase "then living issue" includes adopted children as beneficiaries to a class gift when the testator has used different language ("children, including adopted children") in the will to specifically include adopted children as...

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