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VAN CLEAVE v. ESTATE OF FAIRCHILD

No. 2005-CA-01958-COA.

950 So.2d 1047 (2007)

Tommy VAN CLEAVE and Marie F. White, Appellants v. ESTATE OF Grace FAIRCHILD, Deceased, Perry M. Fairchild, Executor, Appellee.

Court of Appeals of Mississippi.

February 27, 2007.

Attorney(s) appearing for the Case

William B. Jacob, Joseph A. Kieronski, Jr., Daniel P. Self, Jr., Meridian, attorneys for appellants.

Robert J. Bresnahan, Meridian, attorney for appellee.

Before KING, C.J., IRVING and GRIFFIS, JJ.

GRIFFIS, J., for the Court.

¶ 1. The estate of Grace Fairchild, represented by executor Perry M. Fairchild, contested two warranty deeds to Tommy Van Cleave and Marie F. White. Van Cleave and Marie counterclaimed for a constructive trust on a $60,000 transfer to Perry. The chancellor held the deed to Van Cleave was void because of Marie's undue influence. The chancellor held the transfers to Marie and Perry were valid. Van Cleave and Marie appeal and argue (1...

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