WHITEHEAD v. ESTATE OF WHITEHEAD

No. 2012-CA-00245-COA.

135 So.3d 177 (2013)

Jonathan WHITEHEAD, Appellant v. The ESTATE OF John J. WHITEHEAD, Jr., Deceased: by Larry John WHITEHEAD and Michael E. Whitehead, Co-Administrators, C.T.A., Appellees.

Court of Appeals of Mississippi.

Rehearing Denied January 28, 2014.

Certiorari Denied April 3, 2014.


Attorney(s) appearing for the Case

William Harvey Barton , attorney for appellant.

Nathan Lamar Prescott , Biloxi, Derek Royce Arrington , Hattiesburg, Henry N. Dick III , Biloxi, attorneys for appellees.

Before IRVING, P.J., MAXWELL and FAIR, JJ.


FAIR, J., for the Court:

¶ 1. John Whitehead Jr. died in 2008. His 1969 will and two subsequent codicils, one executed in 1969 and the other in 2007, were admitted to probate. His illegitimate son Jonathan, whom John acknowledged and for whom John had established an inter vivos trust, was specifically excluded as a beneficiary of the will by the second codicil.

¶ 2. In the probate proceeding, Jonathan sought a declaratory judgment that the testamentary...

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