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MATTER OF ESTATE OF BLACKBURN v. RICHARDS

No. 2018-CA-01052-SCT.

299 So.3d 781 (2020)

In the MATTER OF the ESTATE OF Barry C. BLACKBURN, Sr., Deceased: June Holley Olin, Executrix of Barry C. Blackburn, Jr. v. Ginger RICHARDS and Kimberly Archer, Co-Executrix and Co-Trustees of the Barry C. Blackburn, Sr., Revocable Living Trust and Harpeth Presbyterian Church, Inc., Nashville Christian School, Inc., The University of Mississippi and Boykin Spaniel Rescue, Inc. v. Ginger Richards and Kimberly Archer, Co-Executrix and Co-Trustees of the Barry C. Blackburn, Revocable Living Trust, June Holley Olin, Executrix of Barry C. Blackburn, Jr., Rebecca Lowry, Guardian Ad Litem Debra Pace Branan, for Minors David Williams Lowry, Eleanor Rebecca Lowry and Phoebe Elizabeth Lowry.

Supreme Court of Mississippi.

REVERSED AND REMANDED — August 13, 2020.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: JOHN THOMAS LAMAR, III , Senatobia, TAYLOR ALLISON HECK .

ATTORNEYS FOR APPELLEES: HARRIS H. BARNES, III , Flowood, MICHAEL KEVIN GRAVES , Hernando, GORDON CHARLES SHAW, JR. , JAMES WILLIAMS JANOUSH , Flowood, J. CAL MAYO, JR. , Oxford, SARAH KATHERINE EMBRY , D. PACE BRANAN .

BEFORE KITCHENS, P.J., BEAM AND ISHEE, JJ.

¶1. This appeal arises from the DeSoto County Chancery Court's reformation of a trust based on the court's finding that a scrivener's error had occurred in drafting the trust instrument, which rendered the trust's language ambiguous and thwarted the grantor's intent. The estate of Barry Christopher Blackburn, Jr...

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