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KINSEY v. PANGBORN CORP.

No. 2010-CA-00925-SCT.

78 So.3d 301 (2011)

Diana KINSEY, On Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased v. PANGBORN CORPORATION; Ash Grove Cement Company; Precision Packaging, Inc.; Clark Sand Company, Inc.; Clemco Industries Corporation; Hanson Aggregates, Inc.; Humble Sand & Gravel, Inc.; Parmelee Industries, Inc.; Southern Silica of Louisiana, Inc.; Mine Safety Appliances Company (MSA); Empire Abrasive Equipment Corporation; Pearl Sands, Inc.; Pearl Specialty Sands, Inc.; Specialty Sand Company; Bob Schmidt, Inc.; Schmidt Manufacturing, Inc.; Lone Star Industries, Inc.; and American Optical Corporation.

Supreme Court of Mississippi.

Rehearing Denied February 9, 2012.

Attorney(s) appearing for the Case

John Timothy Givens , Jackson, Timothy W. Porter , Robert Allen Smith, Jr. , Ridgeland, Patrick C. Malouf , attorneys for appellant.

Jennifer Jones Skipper , Fred Krutz, III , Edwin S. Gault, Jr. , Matthew Robert Dowd , Charles R. Wilbanks, Jr. , Katharine McKee Surkin , Randi Peresich Mueller , George Martin Street, Jr. , Walter T. Johnson , Joseph George Baladi , Robert B. Ireland, III , Wade G. Manor , Clyde Lavel Nichols, III , Jackson, W. Wright Hill, Jr. , Ronald G. Peresich , W. Mark Edwards , Biloxi, Jeffrey Pierce Fultz , Hal Loring Roach, Jr. , Houston, Kimberly Paige Mangum , David A. Barfield , Madison, James Scott Rogers , attorneys for appellees.

Before WALLER, C.J., RANDOLPH and CHANDLER, JJ.

RANDOLPH, Justice, for the Court:

¶ 1. The "Last Will and Testament" of Ted Watkins, dated December 6, 2000, named his ex-stepdaughter, Diana Kinsey, to serve as the executrix of his estate and "will[ed], devis[ed], ... and bequeath[ed] all of [his] property" to her.1 Following Watkins's death in July 2003, Kinsey was formally appointed executrix of Watkins's estate in October 2003. In May 2004, Watkins's estate was closed and Kinsey...

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