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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 95-CA-00759 COA THE LAST WILL AND TESTAMENT OF BEULAH MAE WARREN, DECEASED: ERLAICE GRESHAM v. BONNIE MAE WARREN APPELLANT

APPELLEE

PER CURIAM AFFIRMANCE MEMORANDUM OPINION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEYS FOR APPELLANT: ATTORNEY FOR APPELLEE: NATURE OF THE CASE: TRIAL COURT DISPOSITION: 06/26/95 HON. TIMOTHY E. ERVIN TISHOMINGO COUNTY CHANCERY COURT JOSEPH C. LANGSTON CHRISTI R. MCCOY MARK T. SEGARS CIVIL - WILLS, TRUSTS AND ESTATES THE TRIAL COURT FOUND THAT THE PROPONENT HAD NOT PROVEN THAT THE HOLOGRAPHIC DOCUMENT WAS THE TRUE LAST WILL AND TESTAMENT OF BEULAH WARREN AFFIRMED - 12/16/97

DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

2/4/98

BEFORE BRIDGES, C.J., PAYNE, AND SOUTHWICK, JJ. PER CURIAM: On the 26th day of June 1995, the chancellor of the First Judicial District of Tishomingo County, Mississippi heard a petition filed by Bonnie Mae Warren, contesting the probate of a handwritten document alleged to be the last will and testament of Beulah Warren and proffered by Erlaice

Gresham. After hearing the evidence, the chancery court found that the proponent had not proved that the handwritten document was the true last will and testament of Beulah Warren. The court then revoked the previously issued letters testamentary and ordered an accounting of Erlaice Gresham. From that decision, Erlaice Gresham has filed this appeal. The photocopy of the will proffered at trial revealed that the will was fully and completely handwritten. Mississippi has long recognized the validity of handwritten wills if it can be shown that the will is completely written and subscribed by the testator. Lane v. Woodland Hills Baptist Church, 285 So. 2d 901 (Miss. 1973). If the holographic will is probated in common form, then the proponent of the will must provide affidavits from individuals familiar with the decedent's handwriting attesting that the probated document is indeed wholly in the handwriting of the testator. Miss. Code Ann.

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