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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 96-CA-00079 COA IN THE MATTER OF THE ESTATE OF EMERSON STRONG, DECEASED: ROBERTA THOMAS AND MILLIE STRONG v. TRACY STRONG APPELLANTS

APPELLEE

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: APPELLANTS FOR APPELLANTS: ATTORNEY FOR APPELLEE: NATURE OF THE CASE: TRIAL COURT DISPOSITION: 12/20/95 HON. MELVIN MCCLURE DESOTO COUNTY CHANCERY COURT KENNETH E. STOCKTON GERALD W. CHATHAM, SR. CIVIL - WILLS, TRUSTS AND ESTATES RULED THAT TRACEY STRONG WAS THE SON AND THE SOLE HEIR-AT-LAW OF EMERSON STRONG REMANDED - 12/16/97

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

2/23/98

BEFORE BRIDGES, C.J., HERRING, AND PAYNE, JJ. HERRING, J., FOR THE COURT: This action involves a dispute over who is entitled to estate property. Tracy Strong, the Appellee, claims that he is the natural son and sole and only heir at law of Emerson Strong, deceased, although he was born out of wedlock. Roberta Thomas and Millie Strong, sisters of the decedent, argue that Tracy Strong is not the natural son of Emerson Strong and is therefore not entitled to any portion of the decedent's estate. Roberta Thomas is also the administratrix of the estate of Emerson Strong, who died intestate, but she appeals from an adverse decision of the Chancery Court of Desoto County, Mississippi in her individual capacity as one of the sisters and heirs at law of the decedent.

The trial court ruled that Tracy Strong was the sole and only heir at law of the decedent. This action involves legal questions of substantial import. After a thorough review of the record and applicable law, we remand this action for further proceedings consistent with this opinion. A. NATURE AND COURSE OF PROCEEDINGS Emerson Strong died intestate on October 29, 1989. At the time of his death, the decedent was unmarried and left four living sisters. Roberta Thomas was appointed as administratrix of her brother's estate on May 27, 1990. The decedent's estate was valued to be worth approximately $30, 000, consisting largely of a ten acre tract of land. Tracy Strong, the Appellee, was not listed by the administratrix as one of the decedent's heirs at law. Emerson Strong's estate remained open on August 6, 1993, when Tracy Strong filed a separate action and petition to determine the decedent's rightful heirs at law and to quiet title to the ten acre tract of land, pursuant to Miss. Code Ann.

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