Memorial Hospital at Gulfport v. Franzke

SMITH, Justice,

for the Court.

This appeal arises from a decision of the chancellor in Harrison County Chancery Court in favor of Jon Franzke and the Estate of Betty Sims Franzke against the Memorial Hospital at Gulfport. The single issue of contention, before this Court on first impression, is this Court’s interpretation of Mississippi Code Ann. § 85-3-49 and § 91-1-21, in relation to the following situation: when a decedent dies leaving no surviving spouse, child or grandchild, yet the decedent has disposed of her previously exempt homestead property by making a will, is the homestead *118exemptio…