Fill and Sign the Lawyers in Transition the Mississippi Bar Form

1 IN THE CHANCERY COURT OF THE ______ JUDICIAL DISTRICT OF ____________ COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF______________________, DECEASED CAUSE NO. ________________ CAVEAT TO ALLEGED LAST WILL AND TESTAMENT OF _____________________- Comes now Petitioner, ____________, an adult resident citizen of the city of ___________, ___________ County, Mississippi, and the Administrator of the Estate of _________________, deceased, and respectfully would show unto the Court the following: 1. Insofar as known to your Petitioner, the following adults are interested parties to this Caveat as best can be determined by the Petitioner after diligent search and inquiry, to-wit: ________________________________________________________________________________________________________________________________________________________________________Of the above named parties, those who do not waive process and enter their appearance may be served with process at their respective addresses. 2. Said ___________has presented to Petitioner, in Petitioners capacity as Administrator of the Estate of ______________, a copy of a purported will said to have been executed by said Decedent. A copy of said purported will is attached hereto as Exhibit
A. 3. Section 91-5-1 of the Mississippi Code of 1972, as amended, provides: 2 Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix. 4. That the purported Will shown in Exhibit
A was not wholly written and subscribed by_____________, nor was it shall be attested by two (2) or more credible witnesses in the presence of the said ________________as required by law and is not therefore admissible to probate before this Court.WHEREFORE, PREMISES CONSIDERED, Petitioner herein makes this, her objection to the probate of the purported Will, a copy of which is attached hereto as Exhibit
A, and Petitioner prays that the issue Devisat Vel Non shall be made up and tried and proceedings had as in other like cases as set forth in Section 91-7-21 of the Mississippi Code of 1972, as amended, as to said purported will.Petitioner further prays that she be granted such other relief, either general or specific, or both, to which she may be further entitled.__________________________________________________, Administrator of the Estate of ________________, DeceasedOf Counsel: 3 ____________________________Mississippi State Bar No. ____________________________________________________________________________________________Telephone Number: (___)________STATE OF MISSISSIPPICOUNTY OF ___________________Personally appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within-named __________, who, being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Petition are true and correct s therein stated and set forth.____________________________________________________SWORN TO AND SUBSCRIBED BEFORE ME on this the ____ day of _____, 20____.__________________________________Notary PublicMy Commission Expires_____________________