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IN RE ESTATE OF ENGLAND

No. 2001-CA-01630-COA.

846 So.2d 1060 (2003)

In the Matter of the ESTATE OF Betty J. ENGLAND Deceased. Willie England, Jr., Administrator C.T.A. of the Estate of Betty England, Deceased, Appellant, v. Cassandra England, as Mother and the Next Friend of Kentrell England, Demarcus England and Demetrius England, Minors, Appellee.

Court of Appeals of Mississippi.

May 27, 2003.

Attorney(s) appearing for the Case

Barrett Blake Teller, for appellant.

F. Ewin Henson, James D. Shannon, Hazlehurst, William Buckley Stewart, for appellee.

Before THOMAS, P.J., IRVING and CHANDLER, JJ.

CHANDLER, J., for the Court:

¶ 1. Betty J. England executed a holographic instrument prior to her death. The instrument purports to convey to Betty's ex-husband, Willie England, Jr., up to one million dollars of any recovery from a law suit arising from Betty's consumption of the drug Rezulin. Willie England, Jr. has appealed the order of the Chancery Court of Warren County concluding that the holographic instrument is superceded by the wrongful death statute...

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