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Mississippi Code

Miss. Code Ann. § 91-7-21 (2024)

Caveat against probate may be filed

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Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk's office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do not join him in such objection to be made parties defendant. Thereupon the issue devisavit vel non shall be made up and tried, and proceedings had as in other like cases. When an objection to the probate of a will has been made in writing, filed with the clerk, probate shall not be had of such will without notice to the objector.

Codes, 1880, § 1970; 1892, § 1815; 1906, § 1990; Hemingway's 1917, § 1655; 1930, § 1608; 1942, § 504.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1985–2024 · leading case: In re Will & Est. of Varvaris, 477 So. 2d 273 (Miss. 1985).
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In re Will & Est. of Varvaris, 477 So. 2d 273 (Miss. 1985). “Also, under Miss. Code Ann. § 91-7-21 (1972) counsel for Jean had a right to contest the 1981 will, and have the issue of devisavit vel non made up and tried.”
Est. of Regan v. Est. of Leblanc, 179 So. 3d 1155 (Miss. Ct. App. 2015). “See also Miss.Code Ann. § 91-7-21 (Rgv.2013) (discussing objections to ,the probate of a will).”
Varvaris v. Kountouris, 477 So. 2d 273 (Miss. 1985). “Also, under Miss.Code Ann. § 91-7-21 (1972) counsel for Jean had a right to contest the 1981 will, and have the issue of devisavit vel non made up and tried.”
In the Matter of The Est. of Michael Edward Roberts, Deceased: Teresa D. Herd & Bryan K. Williams v. Keith Stokes & Gloria Johnson, 412 So. 3d 384 (Miss. Ct. App. 2024). “” 1 See Miss. Code Ann. § 91-7-21 (Rev. 2018) (“Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk’s office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do…”
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