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IN RE ESTATE OF McQUEEN

No. 2003-CA-01498-COA.

918 So.2d 864 (2005)

In the Matter of the ESTATE OF Ola Aurelia McQUEEN, Deceased, David Anthony Sims, Executor. Dianne Lynn Rocco, Appellant v. David Anthony Sims, Appellee.

Court of Appeals of Mississippi.

Certiorari Denied January 12, 2006.

Attorney(s) appearing for the Case

Wayne L. Hengen, Biloxi, attorney for appellant.

Charliene Roemer, Biloxi, attorney for appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

GRIFFIS, J., for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted.

¶ 2. This is an appeal from a will contest from the Chancery Court of Jackson County. The chancellor found that Ola McQueen, the decedent, had testamentary capacity to execute a will on April 24, 2001. The chancellor further found that McQueen was not the subject...

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