Clark Sand Co., Inc. v. Kelly

¶ 50. The Mississippi wrongful-death statute13 authorizes several categories of persons-including “interested parties” — to file suit. This Court has clearly held that the deceased’s heirs under the laws of intestate succession qualify as “interested parties.”14 But today, the majority says a devisee under a will is not an “interested party” because (according to the majority) a “will has no legal effect and confers no rights or authority until it is probated.” Because the majority is not correct on this point, I concur only in part and in result.

¶ 51. There is very little practical…