Legal Opinion · Dissent

Estes v. Estes

Court of Appeals of Mississippi

Decided December 11, 2012No. 2011-CA-01451-COAPublished

1DissentCarlton, J.

¶22. I respectfully dissent from the majority’s opinion. I submit that the chancellor erred by failing to make a finding regarding the final accounting of Estes’s estate before reducing the gross estate by the widow’s allowance and the expenses of the estate. However, I find no evidence in the record that the chancellor abused his discretion in awarding Young a $12,000 widow’s allowance or in determining the date-of-death value of Young’s *1229property. Therefore, I would reverse the chancery court’s judgment in part and affirm in part.

¶ 23. The record reflects that Estes died testate on May 18,…

2Cases cited8 opinions

  1. Sanderson v. SandersonMississippi Supreme Court · 2002
  2. Consolidated Pipe & Supply Co. v. ColterMississippi Supreme Court · 1999
  3. Westinghouse Credit Corp. v. DEPOSIT GUAR. NATL. BANKMississippi Supreme Court · 1974
  4. Matter of Estate of HollawayMississippi Supreme Court · 1993
  5. Banks v. JunkMississippi Supreme Court · 1972

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