Byrd v. Page

LEE, Justice, for the Court:

Mrs. Merle Bertucci Byrd filed a petition in the Chancery Court of the Second Judicial District of Harrison County against Lyle M. Page, Executor of the Estate of John J. Bertucci, seeking to reopen the estate of said deceased. The executor filed a motion to dismiss the petition, in the nature of a plea in bar, setting up that the suit was barred by Mississippi Code Annotated Section 91-7-309 (1972). The chancellor, Honorable Jason H. Floyd, Jr., sustained the motion and dismissed the petition, and Mrs. Byrd has appealed.

I

Was the appellant’s petition barred by the…