Legal Opinion · Dissent

Estes v. Estes

Court of Appeals of Mississippi

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

1DissentRussell, J.

¶ 46. I agree with the majority that Young is not entitled to an award of a widow’s allowance and that we should reverse and render on this issue. I also agree with the majority that the chancellor erroneously applied the law in awarding the widow a child’s share of Estes’s estate and reverse its decision as to that issue. I disagree with the majority’s holding that the chancellor heard evidence but made no finding regarding Young’s abandonment, and that remand is the proper disposition for this portion of the judgment. I would find that Young is estopped from inheriting from Estes’s estate…

2Cases cited5 opinions

  1. Walker v. MatthewsMississippi Supreme Court · 1941
  2. Williams v. JohnstonMississippi Supreme Court · 1927
  3. Marshall v. MarshallMississippi Supreme Court · 1962
  4. Shattuck v. Estate of TysonMississippi Supreme Court · 1987
  5. Tillman v. WilliamsMississippi Supreme Court · 1981

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