Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

IN THE MATTER OF THE ESTATE OF MARY BELLE DAVIS, DECEASED: LINDA MATTOX SIMS AND HENRY E. MATTOX v. HALLIE S. STENNIS

JULY 29, 1987

IN THE MATTER OF THE ESTATE OF MARY BELLE DAVIS, DECEASED: LINDA MATTOX SIMS AND HENRY E. MATTOX
v.
HALLIE S. STENNIS, THOMAS L. STENNIS, II, INDIVIDUALLY, AND THOMAS L. STENNIS, II, EXECUTOR



BEFORE ROY NOBLE LEE, P.J., DAN LEE AND GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

This case, concerning the admission of a will to probate, comes to the Court from the Chancery Court of Kemper County, which dismissed an action, contesting the will, pursuant to M.R.C.P. 12(b)(1) and 12(b)(6). We affirm.

On September 19, 1969, Mary Belle Davis executed a writing, styled "Last Will and Testament." Likewise, on June 16, 1973 and February 11, 1978, she executed codicils to her will. On November 1, 1982, Davis died at age eighty-eight.

 On January 24, 1983, Betty Eldridge, Kemper County Chancery Clerk, admitted the will and codicils to probate, signing the decree,

 Edward C. Prisock

 Chancellor

 By: Betty Eldridge, Clerk.

 Thereafter, Eldridge issued Letters Testamentary to Thomas L. Stennis, II. The chancery court was then in vacation.

 On June 13, 1983, again in session, Chancellor Prisock entered an order, which stated,

 This day came on for hearing by the Court the matter of approving the acts of the clerk in vacation since the last term of this Court, and it appearing that all are correct and legal and no objections and exceptions to the same or any part thereof have been filed:

 It is, therefore, ordered, adjudged and decreed that all acts done and performed by the Chancery Clerk of Kemper County, Mississippi since the last term of this Court be and the same are hereby ratified, approved and confirmed.

 Done in open Court this 13th day of June, 1983.

 On May 6, 1985, Linda Mattox Sims, Davis' great-niece, and Henry E. Mattox, Davis' great-nephew, brought suit against Thomas L. Stennis, individually and as the executor, and Hallie S. Stennis, both of whom inherited from Davis through her nephew, Sam Davis Stennis, Thomas' father and Hallie's husband. In this complaint, Sims and Mattox allege that Davis was mentally incompetent when making the will, which resulted from Sam Davis and Thomas Stennis' undue influence.

 On August 20, 1985, Chancellor Prisock dismissed the cause of action, pursuant to M.R.C.P. 12(b)(1) and 12(b)(6), finding it barred by Miss. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.