In all cases in which persons have died, or may hereafter die, wholly or partially intestate, having property, real or personal, any heir at law of such deceased person, or any one interested in any of the property as to which he shall have died intestate, may petition the chancery court of the county in which said deceased had his mansion house or principal place or residence, or in which any part of his real estate may be situated, in case he was a nonresident, setting forth the fact that said person died wholly or partially intestate, possessed of real or personal property in the State of Mississippi, the names of the heirs at law or next of kin, and praying that the person named in said petition be recognized and decreed to be the heir at law of said deceased.
Codes, 1906, § 2790; Hemingway's 1917, § 310; 1930, § 359; 1942, § 1270; Laws, 1896, ch. 93.
Notes of Decisions
Leflore by Primer v. Coleman, 521 So. 2d 863 (Miss. 1988).
· cites it 17× “The Plaintiffs, Rodney Leflore and Dacia Primer, along with Defendant, Willie Charles Primer, are all children of Willie Primer and are also the sole heirs at law of Willie Primer, who died on or about September 25, 1983; and, said plaintiffs file this Complaint To Determine…”
Matter of Est. of Smiley, 530 So. 2d 18 (Miss. 1988).
· cites it 9× “Did the Chancellor Err in Holding Miss. Code Ann. § 91-1-15 Unconstitutional as Applied? The chancellor found that Miss.”
Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991).
· cites it 8× “Miss. Code Ann. §§ 91-1-27 and -29 (1972), require that paternity be established before an illegitimate can inherit by intestate succession.”
Ivy v. Illinois Cent. Gulf R. Co., 510 So. 2d 520 (Miss. 1987).
· cites it 15× “It was incumbent on her to file a petition in the chancery court under Miss. Code Ann. § 91-1-27 and proceed under Miss.”
Perkins v. Thompson, 551 So. 2d 204 (Miss. 1989).
· cites it 10× “Statutory procedures governing heirship hearings are found at Miss. Code Ann. § 91-1-27 and § 91-1-29 (1972), which are as follows: § 91-1-27.”
Est. of Kidd v. Kidd, 435 So. 2d 632 (Miss. 1983).
· cites it 7× “This cause is not a paternity action, but an action to determine heirship pursuant to section 91-1-27 (1972), which provides as follows: In all cases in which persons have died, or may hereafter die, wholly or partially intestate, having property, real or personal, any heir at…”
Long v. McKinney, 897 So. 2d 160 (Miss. 2004).
· cites it 2× “Miss.Code Ann. § 91-1-27 (Rev.2004) provides for a chancery determination of the heirs at law of a decedent; that is, those who inherit in the absence of a will.”
Ferrara v. Walters, 919 So. 2d 876 (Miss. 2005).
· cites it 2× “See Miss.Code Ann. §§ 91-1-27 & 91-7-63 (Rev.”
In Re Est. of Brewer, 755 So. 2d 1108 (Miss. Ct. App. 1999).
· cites it 8× “" Miss.Code Ann. § 91-1-27 (Rev.1994). Section 91-1-29 requires, as a part of the proceeding to establish heirship, that "[a]ll the heirs at law and next of kin of said deceased who are not made parties plaintiff to the action shall be *1112 cited to appear and answer the same.”
Est. of Nelson v. Nelson (In Re Perkins), 266 So. 3d 1008 (Miss. Ct. App. 2018).
· cites it 6× “Miss. Code Ann. § 91-1-27 (Rev. 2004) provides for a chancery determination of the heirs at law of a decedent; that is, those who inherit in the absence of a will.”
Est. of Robinson by Jennings v. Gusta, 540 So. 2d 30 (Miss. 1989).
· cites it 4× “(c) There has been an adjudication of paternity after the death of the intestate, based upon clear and convincing evidence, in an heirship proceeding under §§ 91-1-27 and 91-1-29... . Sections 91-1-27 and -29 require that paternity be established before an illegitimate can…”
Clark Sand Co., Inc. v. Kelly, 60 So. 3d 149 (Miss. 2011).
· cites it 2× “Mississippi Code Section 91-1-27 lays out the chancery procedure for recognition as an heir at law.”
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