Mississippi Code
Miss. Code Ann. § 91-7-19 (2024)
All interested may be made parties
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will. At the request of either party to such proceeding, an issue shall be made up and tried by a jury as to whether or not the writing propounded be the will of the alleged testator.
Codes, 1880, § 1967; 1892, § 1821; 1906, § 1996; Hemingway's 1917, § 1661; 1930, § 1607; 1942, § 503.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1982–2025 · leading case: Matter of Launius, 507 So. 2d 27 (Miss. 1987).
Matter of Launius, 507 So. 2d 27 (Miss. 1987). “While the question of "devisavit vel non" ("will or no will") is the primary issue in a will contest, and under Miss. Code Ann. § 91-7-19 (1972), either party to a will contest has an automatic right to a jury trial, where no genuine issues of material fact have been presented…”
In re Will & Est. of Varvaris, 477 So. 2d 273 (Miss. 1985). “Miss. Code Ann. § 91-7-19 (1972) provides: Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will.”
In re Est. of High, 19 So. 3d 1282 (Miss. Ct. App. 2009). ““[T]he question of ‘devi-savit vel non’ (‘will or no will’) is the primary issue in a will contest, and under Miss.Code Ann. § 91-7-19 (1972), either party to a will contest has an automatic right to a jury trial, [unless] no genuine issues of material fact have been presented…”
Paula B. Hicks v. Mark S. Bowling, 155 So. 3d 907 (Miss. Ct. App. 2014). “Miss.Code Ann. § 91-7-19 (Rev. 2013); see also In re Will and Estate of Varvaris, 477 So.”
Power v. Scott, 837 So. 2d 202 (Miss. Ct. App. 2002). “"While the question of `devisavit vel non' (`will or no will') is the primary issue in a will contest, and under Miss. Code Ann. § 91-7-19 (1972), either party to a will contest has an automatic right to a jury trial, where no genuine issues of material fact have been presented…”
Jones v. Est. Richardson, 695 So. 2d 587 (Miss. 1997). “” Miss Code Ann. § 91-7-19. Further, Miss.Code Ann.”
Varvaris v. Kountouris, 477 So. 2d 273 (Miss. 1985). “Miss.Code Ann. § 91-7-19 (1972) provides: Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will.”
Deposit Guar. Nat. Bank v. Cotten, 420 So. 2d 242 (Miss. 1982). “Miss. Code Ann. § 91-7-19 (1972) (at request of either party to probate proceeding, a jury may decide whether writing propounded is a will of the alleged testator); Miss.”
Christopher A. Roosa v. Rosemary D. Roosa, No. 2017-CA-01707-COA (Miss. Ct. App. Apr. 23, 2019). “” See Miss. Code Ann. § 91-7-19 (Rev. 2018); In re Estate of Taylor, 755 So.”
In the Matter of the Est. of Betty Hamilton Lake, Deceased: Chet H. Lake, Jr. v. Mary Lake Chesnutt, 399 So. 3d 170 (Miss. 2025). “Miss. Code Ann. § 91-7-19 (Rev. 2021) (emphasis added).”
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