All the heirs at law and next of kin of said deceased who are not made parties plaintiff to the action shall be cited to appear and answer the same. And in addition thereto a summons by publication shall be made addressed to "The heirs at law of ____________________, Deceased," and shall be published as other publications to absent or unknown defendants, and the cause shall be proceeded with as other causes in chancery, and upon satisfactory evidence as to death of said person and as to the fact that the parties to said suit are his sole heirs at law, the court shall enter a judgment that the persons so described be recognized as the heirs at law of such a decedent, and as such be placed in possession of his estate. And said judgment shall be evidence in all the courts of law and equity in this state that the persons therein named are the sole heirs at law of the person therein described as their ancestor.
Codes, 1906, § 2791; Hemingway's 1917, § 311; 1930, § 360; 1942, § 1271; Laws, 1991, ch. 573, § 127, eff. 7/1/1991.
Notes of Decisions
Leflore by Primer v. Coleman, 521 So. 2d 863 (Miss. 1988).
· cites it 12× “Because the sworn petition for letters of administration of Primer's estate specifically alleged they were natural children of the decedent (born out of wedlock), and because no effort was made by the administrator to secure process upon them as required by Miss. Code Ann. §…”
In Re Est. of Brewer, 755 So. 2d 1108 (Miss. Ct. App. 1999).
· cites it 14× “" Miss.Code Ann. § 91-1-29 (Rev.1994). Additionally, that section requires that notice be published for unknown heirs of the decedent.”
Johnson v. Howell, 592 So. 2d 998 (Miss. 1991).
· cites it 4× “§ 91-1-29 (1972) provides the means for citing heirs who have an interest in intestate estates to appear in a Chancery Court.”
Matter of Est. of Smiley, 530 So. 2d 18 (Miss. 1988).
· cites it 3× “Miss. Code Ann. § 91-1-29 provides: All heirs at law and next of kin of said deceased who are not made parties complainant to the suit or petition, shall be cited to appear and answer the same.”
Perkins v. Thompson, 551 So. 2d 204 (Miss. 1989).
· cites it 4× “However, only two of these assignments will be addressed in this opinion: (1) Was Joyce Perkins time barred from establishing her heirship claim by § 91-1-15, § 91-1-27, and § 91-1-29 Miss. Code Ann. (Supp. 1988); and (2) If the first assignment is answered in the affirmative,…”
Est. of Thomas v. Thomas, 883 So. 2d 1173 (Miss. 2004).
· cites it 2× “This Court need not specifically define "reasonably ascertainable," because the administratrix did not need to learn whether the decedent had children; she already knew he had children.”
Ivy v. Illinois Cent. Gulf R. Co., 510 So. 2d 520 (Miss. 1987).
· cites it 3× “Under the amended statute it is still a prerequisite to file a petition in the chancery court under Miss. Code Ann. § 91-1-27 , and hold proceedings as required under Miss.”
Lee Augustus McGriggs, Sr. v. Mac Arthur McGriggs, 192 So. 3d 350 (Miss. Ct. App. 2015).
· cites it 4× “); Miss. Code Ann. § 91-1-29 (Rev. 2013) (A petition to determine heirs shall proceed as any other cause in chancery court; all putative heirs shall be cited to appear.”
Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991).
“Factors relevant to this determination were that the intervenors had actual knowledge of the claim to heirship, the intervenors were properly allowed to file their claim, the summons by publication of § 91-1-29 was properly made, and all parties were given their day in court.”
Jones v. Est. Richardson, 695 So. 2d 587 (Miss. 1997).
· cites it 2× “Miss.Code Ann. § 91-1-29 provides that a petition to determine heirs shall proceed as any other cause in chancery court and that all putative heirs shall be cited to appear.”
Jamison v. Williams, 150 So. 3d 709 (Miss. Ct. App. 2013).
· cites it 4× “See Miss.Code Ann. § 91-1-29 (Rev.2013). . See Miss.”
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