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ESTATE OF SMITH v. SMITH EX REL. ROLLINS

No. 2012-CA-01895-SCT.

130 So.3d 508 (2014)

In the Matter of the ESTATE OF Justin Michael SMITH, Deceased: Halley Smith, A Minor By and Through Her Mother Holly Smith v. Payln Mae SMITH, A Minor by and Through Her Mother and Next Friend, Amy ROLLINS.

Supreme Court of Mississippi.

January 23, 2014.

Attorney(s) appearing for the Case

Bradley Russell Boerner , attorney for appellant.

Steven Hiser Funderburg , Jackson, attorney for appellee.

EN BANC.

RANDOLPH, Presiding Justice, for the Court:

¶ 1. Following a final order from the Chancery Court of Lincoln County that Halley Smith is not a wrongful-death beneficiary of Justin Smith, Halley appeals and asks this Court to judicially declare that an in loco parentis child qualifies as a wrongful-death beneficiary under Mississippi Code Section 11-7-13. Halley argues that "[p]ublic policy and the best interests...

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