Legal Opinion

Patricia Ann True Schmidt v. James T. Jim True

Court of Appeals of Mississippi

Decided May 23, 2017No. 2016-CA-00718-COAPublishedCited by 2 opinions

1Opinion of the Court

WILSON, J.,

FOR THE COURT:

¶ 1. Patricia Ann Schmidt (Ann) and Mary Hegwood appeal from a judgment denying their petition to contest the will of their mother, Dorothy True. The record shows that necessary parties to the will contest were not joined. Mississippi Code Annotated section 91-7-25 (Rev. 2013) provides that all persons interested in a will contest must be joined as parties. Our Supreme Court has made clear that this requirement is both mandatory and jurisdictional and that any judgment entered in the absence of such parties is void and must be set aside. Accordingly, we reverse and…

2Cases cited5 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Estate of SchneiderMississippi Supreme Court · 1991
  3. Garrett v. BohannonMississippi Supreme Court · 1993
  4. Turnage v. StevensMississippi Supreme Court · 1950
  5. MOORE v. JacksonMississippi Supreme Court · 1963

3Cited by2 opinions

  1. Gary Dean Janssen and Larry Dale Janssen v. The Security National Bank of Sioux City, as of the Estate of Richard D. Janssen, and Sheryl Ann Collins, IndividuallySupreme Court of Iowa · 2024
  2. Theodore Longo, Amy Longo, Joseph Lee, Susan Lee, Gerald Sonnier, Amy Davis and 920 South Beach Blvd., LLC v. City of Waveland, Mississippi and Beach Walk Development, LLCMississippi Supreme Court · 2022

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