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SHRINERS HOSPITALS FOR CRIPPLED CHILDREN v. REESE A. COLTRANE & LENA F. COLTRANE

MARCH 13, 1985

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN
v.
REESE A. COLTRANE & LENA F. COLTRANE, CO-EXECUTORS, ESTATE OF FRANCES O'NEILL GORDON, DECEASED



BEFORE PATTERSON, C.J., SULLIVAN & ANDERSON, JJ.

PATTERSON, CHIEF JUSTICE FOR THE COURT:

This is an appeal from a Decree Construing the Will and Establishing Heirship of Mrs. Frances O'Neill Gordon, by which the Chancery Court of the Second Judicial District of Harrison County awarded the residual estate to the heirs at law of the testatrix. A legatee under the will, Shriners Hospitals for Crippled Children, perfected this appeal with the following assignments of error:

I. The chancellor erred in finding that 200 additional shares of stock in Exxon Corporation, and 20 additional shares in Nabisco Brands, received as a result of stock splits, were a part of the residuary estate which should be distributed to the heirs at law;

 II. The chancellor erred in finding that an additional share of stock in Nabisco Brands, received as a stock dividend, was a part of the residuary estate which should be distributed to the heirs at law.

 On December 4, 1981, the Last Will and Testament of Frances O'Neill Gordon together with the first codicil thereto were admitted to probate. With certain non-dispository portions omitted, the will is set out below:

 Biloxi, Miss. 19 Nov. 1973

 I, Frances O'Neill Gordon, being of sound mind, memory and body, do hereby declare this my Last Will and Testament, revoking all other wills. . . .

 To Shriners Crippled Children's Hospital, Shreveport, La., I give and bequeath the proceeds from sale of my two diamond rings (1) .58 cr. surrounded by twelve small diamonds; (2) 1 1/2 cr. surrounded by 22 small round diamonds. Proceeds from sale of my house at 519 Santini St., Biloxi, Miss. plus contents - less anything which Lena may want. House not to be rented before sale.

 Balance of my late son's life insurance in Golden Passbook #103-5781, Hancock Bank, Gulfport, Miss.

 Collection of silver coins in Safety Deposit Box #121 First Miss. Nat'l Bank, Biloxi, Miss.

 together with the following shares of common stock - also in Box #121.

 246 shares Sears Roebuck & Co.

 246 shares Sears, Roebuck & Co.

 108 shares Greyhound

 100 shares Exxon Corp.

 100 shares Exxon Corp.

 80 shares General ...


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