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IN RE: THE ESTATE OF MACK KIDD, DECEASED, EMMA GUNN WEBBER v. JOHN H. KIDD

APRIL 27, 1983

IN RE: THE ESTATE OF MACK KIDD, DECEASED, EMMA GUNN WEBBER
v.
JOHN H. KIDD



EN BANC.

DAN LEE, JUSTICE, FOR THE COURT:

ON PETITION FOR REHEARING

The petition for rehearing is granted, the former opinion in this case rendered December 1, 1982, is withdrawn, and this opinion is substituted therefor.

 This is an appeal from the Chancery Court of Clay County wherein Emma Gunn Webber, appellant, filed a petition

 to determine heirship, alleging herself to be a lawful heir of Mack Kidd, deceased. John H. Kidd, appellee, the son of Mack Kidd, answered the petition, denying the material averments thereof and by way of a plea in bar asserted Webber's petition was barred by the six-year statute of limitations. A hearing was held on the plea in bar. Thereafter, the chancellor found that Webber's petition was barred by Mississippi Code Annotated section 15-1-49 (1972). From a decree dismissing her petition, Webber appeals. We reverse.

 Appellant filed her petition in the Chancery Court of Clay County, praying that she be recognized as an heir at law of Mack Kidd, deceased. She was born on January 7, 1940, and asserted that she was first told decedent was her father when she was approximately three or four years of age.

 The evidence established that decedent was married to Martha Kidd prior to 1940, their only child being born

 June 25, 1926. Decedent remained married to Martha Kidd up until the time of his death.

 The chancellor, following a hearing on appellee's plea in bar, found appellant's action was barred by the six year statute of limitations after appellant reached her majority. A final decree was entered accordingly.

 Did the chancellor err in holding that appellant's cause of action was barred by the six-year statute of limitations as provided in section 15-1-49 (1972)?

 The following list of chronological events is necessary for a complete understanding of this cause:

 (1) 1-7-40 Emma Gunn Webber (appellant) was born.

 (2) 1-7-61 Emma Gunn Webber attained the age of 21.

 (3) 4-26-77 Trimble v. Gordon, 430 U.S. 762, 97 S.Ct. 1459, 52 L.Ed. 2d 31 (1977), was decided by ...


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