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ESTATE OF RUTLAND v. RUTLAND

No. 2008-CA-01671-COA.

24 So.3d 347 (2009)

In the Matter of the ESTATE and Last Will and Testament OF Willie Ray RUTLAND, Diane Rutland Nations, Gregory Rutland, Peggy Rutland Jones and Calvin Rutland, Appellants/Cross-Appellees v. Rickie Dale RUTLAND and Todd Rutland, Appellees/Cross-Appellants.

Court of Appeals of Mississippi.

December 8, 2009.

Attorney(s) appearing for the Case

Thomas M. Murphree, Malcolm T. Rogers, Monticello, Joseph Bilbo Moffett, Fayette, attorneys for appellants.

Ray T. Price, Hattiesburg, attorney for appellees.

EN BANC.

MYERS, P.J., for the Court.

¶ 1. Willie Ray Rutland died on January 30, 2005, at the age of seventy-three. Willie Ray had never married and had no children. On February 28, 2005, his "double first" cousin William Calvin Rutland (Calvin) offered a January 18, 2002, will for probate that named him as executor and Diane Rutland Nations, Willie Ray's niece, as sole beneficiary. On May 19, 2005, Rickie Dale Rutland and Todd Rutland, nephews of Willie Ray, filed a...

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