Mississippi Code

Miss. Code Ann. § 91-1-5 (2026)

Half-bloods

✓ current as of July 2026
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There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.

Codes, Hutchinson's 1848, ch. 44, art. 2 (50); 1857, ch. 60, art. 110; 1871, § 1949; 1880, § 1271; 1892, § 1544; 1906, § 1650; Hemingway's 1917, § 1382; 1930, § 1403; 1942, § 469.


Notes of Decisions
Cited in 10 cases, 1983–2014 · leading case: Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010).
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010). · cites it 8× “See Miss.Code Ann. § 91-1-5 (Rev.2004). Section 91-1-5 states "[t]here shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in…”
Est. of Eubanks v. Eubanks, 197 So. 3d 878 (Miss. Ct. App. 2014). · cites it 6× “See Miss.Code Ann. § 91-1-5 3 (Rev.2013) (whole-blood heirs shall inherit to the exclusion of half-blood heirs of the same degree); Miss.”
Matter of Est. of Ford, 552 So. 2d 1065 (Miss. 1989). · cites it 2× “" That they are descendants of Ford's sisters of the half-blood matters not, as Miss. Code Ann. § 91-1-5 (1972) declares that fact irrelevant except in contests for inheritance among kindred "in equal degree.”
Hudson v. WLOX, Inc., 108 So. 3d 429 (Miss. Ct. App. 2012). · cites it 2× “(quoting Miss.Code Ann. § 91-1-5(1)). ¶ 12. Brocato cited Florida’s interpretation of its similarly worded notice statute.”
Byrd v. Woods, 90 So. 3d 666 (Miss. Ct. App. 2012). · cites it 2× “1983) (citing Miss.Code Ann. § 91-1-5 (Supp.1983)). Despite the fact that Cornelius’s marriage was bigamous, Cornelius Fred was born of that union after a ceremonial marriage took place and is, therefore, entitled to inherit as the legitimate sole heir-at-law of Cornelius.”
Ray v. Ray, 963 So. 2d 20 (Miss. Ct. App. 2007). · cites it 2× “” Miss.Code Ann. § 91-1-5. However, we find that the Georgia relatives’ reliance upon this section is misguided within the analysis of wrongful death beneficiaries, as sections 91-1-3 and 91-1-5 of the Mississippi Code Annotated “have been the controlling law in Mississippi…”
Webster v. Kennebrew, 443 So. 2d 850 (Miss. 1983). “See: Miss. Code Ann. 91-1-5 (1981 and 1983 supplement); Vance Witt, Admr.”
Carter for Carter v. SEC. of Health & Human Servs., 625 F. Supp. 281 (E.D. Mich. 1985). “The Fourth Circuit upheld a denial of benefits without having to decide whether the Mississippi statute was unconstitutional and held that even if it were, benefits would not be granted under 416(h)(2)(A) since actual dependency was not shown.”
Woodall v. Johnson, 552 So. 2d 1065 (Miss. 1989). · cites it 2× “” That they are descendants of Ford’s sisters of the half-blood matters not, as Miss.Code Ann. § 91-1-5 (1972) declares that fact irrelevant except in contests for inheritance among kindred “in equal degree.”
Arlean Morant Leach v. Geraldine Yates (Miss. 2008). · cites it 3× “§ 91-1-5 (Rev. 2004). Section 91-1-5 states “[t]here shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the 6 whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.”
— Miss. Code Ann. § 91-1-5(1) — 1 case
Hudson v. WLOX, Inc., 108 So. 3d 429 (Miss. Ct. App. 2012). “(quoting Miss.Code Ann. § 91-1-5(1)). ¶ 12. Brocato cited Florida’s interpretation of its similarly worded notice statute.”
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