MATTER OF ESTATE OF WARE

NO. 2020-CA-00702-SCT, NO. 2020-CA-00706-SCT, NO. 2016-CA-00288-SCT, NO. 2016-CA-01589-SCT.

348 So.3d 277 (2022)

In the MATTER OF the ESTATE OF Frankie Don WARE, Deceased: Carolyn Ware, as Executrix of the Estate of Don Ware, Deceased; Carolyn Ware, Individually as Shareholder, Director and Officer of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Dana Carol Ware and Angela Ware MOHR, Individually and as Trustees of the Frankie Ware Family Trust and Marital Trust v. Richard Ware, Melisa Ware, Legacy Capital, a Foreign Limited Liability Company, Charles D. "Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc., and Richard Don Ware, Individually, as an Officer and Shareholder of Ware Milling, Inc., Chickasaw Grain Transportation, Inc., Chickasaw Farm Services, Inc., and Ware Construction, INC., as Beneficiary of the Estate of Frankie Don Ware, and as Trustee of Frankie Don Ware Family Trust, and Melisa Ware, Individually, and as Officer and Shareholder v. Carolyn Ware and the Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc. In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix, Co-trustee, Beneficiary, Shareholder, Officer and Director v. Richard Ware, Melisa Ware, Legacy Capital, a Foreign Limited Liability Company, Charles D. Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc., and Dana Carol Ware and Angela Ware Mohr V. Charles D." Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc., and Richard Don Ware and Melisa Ware v. Carolyn Ware and the Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.

Supreme Court of Mississippi.

May 26, 2022.


Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANTS: RHETT R. RUSSELL , KEITH CURTIS KANTACK , Tupelo, REX F. SANDERSON , Houston.

ATTORNEYS FOR APPELLEES: J. CAL MAYO, JR. , Oxford, CASEY LANGSTON LOTT , Booneville, DEREK ANDREW HENDERSON , DUSTIN COLT CHILDERS , Booneville.

BEFORE KING, P.J., CHAMBERLIN AND ISHEE, JJ.


¶1. Frankie Ware died in 2011. He was survived by his wife, Carolyn Ware, and their three children, Dana Ware, Angela Ware Mohr, and Richard Ware. Richard is married to Melisa Ware. Carolyn was appointed executor of Frankie's estate. At the time of his death, Frankie owned 25 percent of four different...

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