IN RE LAST WILL AND TESTAMENT OF McSWAIN

No. 2005-CA-00943-COA.

946 So.2d 417 (2006)

In the Matter of the LAST WILL AND TESTAMENT OF Eunice McSWAIN, Deceased. Martha Shows, Appellant, v. Katheryn Jane McSwain Polk, Elizabeth Ruth McSwain Hughes, and Eunice Charlene McSwain, Appellees.

Court of Appeals of Mississippi.

December 12, 2006.


Attorney(s) appearing for the Case

William L. Ducker, Purvis, attorney for appellant.

John Brian Jones, Jackson, Robert T. Jackson, Hattiesburg, attorneys for appellees.

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


SOUTHWICK, J., for the Court.

¶ 1. The Chancery Court of Forrest County struck a provision in a will as void for uncertainty. A beneficiary of that provision appeals. We disagree that the language is void for uncertainty and remand for further proceedings.

FACTS

¶ 2. Eunice McSwain died in May 2004. Her will distributed real and personal property to various family members who are appellees today: Katheryn Jane McSwain Polk, Elizabeth Ruth...

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