Succession of Mitcham

ARMSTRONG, Judge.

Floyd and Ann Anderson appeal the dismissal of their petition for declaratory judgment in which they sought to be named the universal legatees of the residual estate of their uncle, Med Mitcham.

Med Mitcham executed an olographic will dated September 5, 1977.1 The testator died on November 1, 1984, unmarried and *347without ascendants or decendants. He was survived by collateral heirs or their representatives, one of whom was his nephew, Floyd Anderson, Sr., a resident of Inverness, Mississippi. Donald Mitcham, the testator’s brother, was named testamentary executor.

The will was…