Legal Opinion

In re the Guardianship of the Estate of Lewis

Court of Appeals of Mississippi

Decided October 5, 2010No. 2009-CA-00956-COAPublishedCited by 4 opinions

1Opinion of the Court

ROBERTS, J.,

for the Court:

¶ 1. Mississippi Code Annotated section 93-13-281 (Miss.2004) requires that “two adult kin within the third degree” shall be joined and properly noticed in any action to establish a guardianship. A guardianship was established for Frank Lewis by order of the Chancery Court of Newton County, but there is no evidence in the record that two of his adult kin were given notice of the hearing or present. Therefore, we must reverse the chancellor’s establishment of a guardianship. However, we stay the effects of our reversal and remand this case to the chancery court for…

2Cases cited9 opinions

  1. USF&G CO. v. Conservatorship of MelsonMississippi Supreme Court · 2002
  2. Harvey v. MeadorMississippi Supreme Court · 1984
  3. McCoy v. WatsonMississippi Supreme Court · 1929
  4. Wheat v. WheatMississippi Supreme Court · 2010
  5. Norwood v. EXT. OF BOUNDARIES OF ITTA BENAMississippi Supreme Court · 2001

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3Cited by4 opinions

  1. Estate of Lewis v. HarveyCourt of Appeals of Mississippi · 2014
  2. Christin Kilcrease v. City of Tupelo, MississippiCourt of Appeals of Mississippi · 2023
  3. In the Matter of the Conservatorship of Johnnie E. Walls, Jr.: Dorothy Walls v. Elizabeth Walls and Anika WallsCourt of Appeals of Mississippi · 2021
  4. Justin W. McPhail v. Pamela McPhailCourt of Appeals of Mississippi · 2017

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