Mississippi

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When Can a Chancellor Award Joint Physical Custody Without a Specific Request? By: Chancellor Troy Odom, 20th Chancery District, State of Mississippi Mississippi chancellors are often faced with custody determinations in which neither party has requested joint physical custody. This raises a critical question for chancery practitioners: may a chancellor award joint physical custody if it was not specifically requested in the pleadings? The Short Answer Yes. […]
https://betterchancery.com/202....5/05/08/when-can-a-c

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The “attestation” requirement for a will: Estate of Roberts v. Johnson By: Donald E. Campbell Michael E. Roberts died on December 19, 2016. Believing that he died intestate, Teresa Herd – the mother of Michael’s child – sought to open an estate appointing herself as administrator. Thereafter, Bryan Williams (Michael’s nephew), intervened claiming that a 2001 will (which named Bryan as a beneficiary and executor) was […]
https://betterchancery.com/202....5/01/09/the-attestat

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Happy New Year! And a Question By: Donald Campbell Happy New Year to all! I’m getting back into the groove here at the law school and an interesting topic has been circulating on a Property Professor list serve I follow: should the Rule Against Perpetuities still be taught in the first year Property law course? This same topic circulated on the […]
https://betterchancery.com/202....5/01/02/happy-new-ye

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The key to “McKee”: Analyzing The Reasonableness of Attorney’s Fees By: Donald E. Campbell In two recent cases the Mississippi Court of Appeals has addressed the award of attorney’s fees in estate matters. In the first case, Estate of Watson v. Watson, 2024 WL 4354006 (Miss. Ct. App. 2024) the court reversed the chancellor based on the award of attorney’s fees over other creditor claims […]
https://betterchancery.com/202....4/11/20/the-key-to-m

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When can a person be presumed dead? An analysis of Miss. Code Ann § 13-1-23 and the 2024 Amendment By: Donald Campbell There is a longstanding common law rule that a person who has been absent for an extended period of time can be presumed to be dead. See Thayer, A Preliminary Treatise on Evidence at the Common Law pp. 319-324 (1898). Mississippi has codified this common law rule since at least 1856, and […]
https://betterchancery.com/202....4/10/30/when-can-a-p

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