In Re Estate of Kelly

ON WRIT OF CERTIORARI

COBB, Presiding Justice,

for the Court.

¶ 1. Faced with a challenge to its jurisdiction filed by William R. Kelly, Sr. (Kelly), the Hancock County Chancery Court found that the will of Alvarado H. Kelly (decedent) was a foreign will governed by Miss.Code Ann. Section 91-7-33 (Rev. 2004) which authorizes the probate of a foreign will in Mississippi courts if it affects or disposes of property within this state. The trial court concluded it had jurisdiction based upon personal property the decedent was presumed to have had in Mississippi at the time of his death. The Court of…