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IN RE ESTATE OF BIRMINGHAM

No. 2010-CA-02070-COA.

96 So.3d 766 (2012)

In The Matter of the ESTATE OF William BIRMINGHAM, Deceased: Nancy Birmingham Walters, Appellant v. Don Barnes and Rosemary Birmingham Barnes, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied June 26, 2012.

Certiorari Denied September 6, 2012.

Attorney(s) appearing for the Case

Gene Barton , Okolona, attorney for appellant.

Rhett R. Russell , Tupelo, attorney for appellees.

Before LEE, C.J., BARNES and MAXWELL, JJ.

LEE, C.J., for the Court:

PROCEDURAL HISTORY

¶ 1. William Birmingham died testate on October 14, 2007, and was survived by his two daughters, Nancy Birmingham Walters and Rosemary Birmingham Barnes. Shortly thereafter, Nancy presented Birmingham's will for probate in the Monroe County Chancery Court and was appointed executrix. On March 10, 2009, Rosemary filed a complaint to remove Nancy as executrix, to revoke Nancy's letters testamentary, for an...

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