reglab/housing_qa huggingface dataset:
MS Code § 91-3-11 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 3 - Uniform Simultaneous Death Law|§ 91-3-11. Insurance policies or contracts

 Where the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
MS Code § 91-3-13 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 3 - Uniform Simultaneous Death Law|§ 91-3-13. Chapter not to apply to persons dying before effective date

 This chapter shall not apply to the distribution of the property of a person who has died before July 1, 1956.
MS Code § 91-3-15 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 3 - Uniform Simultaneous Death Law|§ 91-3-15. Provision in will, etc., rendering chapter inapplicable

 This chapter shall not apply in the case of wills, living trusts, deeds, contracts of insurance or other contracts wherein provision has been made for distribution of property different from the provisions of this chapter.
MS Code § 91-5-1 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-1. Who may execute; signature; attestation

 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.
MS Code § 91-5-3 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-3. Revocations

 A devise so made, or any clause thereof, shall not be revocable but by the testator or testatrix destroying, canceling, or obliterating the same, or causing it to be done in his or her presence, or by subsequent will, codicil, or declaration, in writing, made and executed. Every last will and testament made when the testator or testatrix had no child living, wherein any child he or she might have is not provided for or not mentioned, if at the time of his or her death he or she have a child, or if the testator leave his wife enceinte of a child who shall be born, shall have no effect during the life of any such after-born child and shall be void unless the child die without having been married, or without leaving issue capable of inheriting, and before he or she shall have attained twenty-one years. The estate, both real and personal, so devised shall descend to such child in the same manner as if the testator or testatrix had died intestate, subject, nevertheless, to the bequests made in the last will and testament in case of the death of such child before marriage, or without issue capable of inheriting, and under the age of twenty-one years. When a testator shall leave children born and his wife enceinte, the posthumous child or children, if unprovided for by settlement and neither provided for nor disinherited, but only pretermitted, by the last will and testament, shall succeed to the same portion of the father's estate as such child or children would have been entitled to if the father had died intestate, towards raising which portion the devisees and legatees shall contribute proportionably out of the parts devised and bequeathed to them by the same will and testament.
MS Code § 91-5-5 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-5. Children born after making of the will

 If a testator or testatrix, having a child or children born at the time of making and publishing his or her last will and testament, shall, at his or her death, leave a child or children born after the making and publishing such last will and testament, the child or children so after-born, if unprovided for by settlement and neither provided for nor disinherited, but only pretermitted, by the last will and testament, shall succeed to the same portion of the father's or mother's estate as such child or children would have been entitled to if the father or mother had died intestate, towards raising which portion the devisees and legatees shall contribute proportionately out of the parts devised and bequeathed to them by the same will and testament, in the same manner as is provided in the case of posthumous children.
MS Code § 91-5-7 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-7. Bequests not to lapse in certain cases

 Whenever any estate of any kind shall or may be devised or bequeathed by the last will and testament of any testator or testatrix to any person being a child or descendant of such testator or testatrix, and such devisee or legatee shall, during the lifetime of such testator or testatrix, die testate or intestate, leaving a child or children, or one or more descendants of a child or children, who shall survive such testator or testatrix, in that case, such devise or legacy to such person so situated as above mentioned, and dying in the lifetime of the testator or testatrix, shall not lapse, but the estate so devised or bequeathed shall vest in such child or children, descendant or descendants, of such devisee or legatee in the same manner as if a legatee or devisee had survived the testator or testatrix and had died intestate.
MS Code § 91-5-9 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-9. Devise to witness void

 If any person be a subscribing witness to a will wherein any devise or bequest is made to him and the will cannot otherwise be proven, such devise or bequest shall be void, and the witness shall be competent as to the residue of the will as if a devise or bequest had not been made to him, and he may be compelled to testify. If such witness would have been entitled to any share of the testator's estate in case the will were not established, then so much of such share shall be saved to the witness as shall not exceed the value of the devise or bequest made to him in the will.
MS Code § 91-5-11 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-11. Devise or bequest to trustee

  A devise or bequest in a will duly executed pursuant to the provisions of Section 91-5-1 of Mississippi Code of 1972 may be made to the trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after execution of the will. Unless the will provides otherwise, such devise or bequest shall operate to dispose of the property under the terms and provisions of the instrument creating the trust, including any amendments or modifications in writing made at any time before or after the making of the will and before the death of the testator, and the property shall not be deemed held under a testamentary trust. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest.   The provisions of this section shall apply to all devises or bequests made in any will duly executed according to said section of any testator dying after May 6, 1958, whether the will is executed before or after that date.   The term "will" in this section shall include and refer to the term "codicil".
MS Code § 91-5-13 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-13. Creditor competent witness to will

 Any creditor shall be a competent subscribing witness to a last will and testament; but any special provision in favor of such creditor in the will, either by admitting the debt or by providing for its payment or by giving it a preference, shall be void, and such claim shall stand as though the provision had not been made.
MS Code § 91-5-15 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-15. Nuncupative wills

 A nuncupative will shall not be established unless it be made in the time of the last sickness of the deceased at his or her habitation or where he or she hath resided for ten days next preceding the time of his or her death, except when such person is taken sick from home and die before his or her return to such habitation, nor where the value bequeathed exceeds One Hundred Dollars ($100.00) unless it be proved by two witnesses that the testator or testatrix called on some person present to take notice or bear testimony that such is his or her will, or words to that effect.
MS Code § 91-5-17 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-17. Parties in interest to nuncupative will to be cited

 The probate of any nuncupative will shall not be taken, or letters testamentary granted thereon, until after the expiration of fourteen days from the time of the decease of the testator or testatrix, nor until the widow, if any, and next of kin, if resident in this state, have been summoned to contest the same if they think proper.
MS Code § 91-5-19 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-19. Nuncupative will not to be proven after six months unless reduced to writing

 After six months have elapsed from the time of speaking the alleged testamentary words, testimony shall not be received to probate a nuncupative will unless the words, or the substance thereof, shall have been reduced to writing within six days after speaking the same.
MS Code § 91-5-21 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-21. Members of armed forces and mariners at sea excepted

 Any person of sound mind eighteen years of age or older and being in the armed forces of the United States of America, in active service at home or abroad or being a mariner at sea, may devise, dispose of, and bequeath his goods and chattels or property, real and personal, anything in this chapter to the contrary notwithstanding.   Any will executed prior to July 23, 1968, which conforms to the requirements of this section shall be valid; provided, however, that the testator of said will must be alive at said date.
MS Code § 91-5-23 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-23. Provision for husband or wife to be in bar

 Any provision by the will of the husband or wife for the other shall be construed to be in bar of any share of the real or personal estate of the testator, unless it be otherwise expressed in the will.
MS Code § 91-5-25 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-25. Right of spouse to renounce will; form of renunciation; right to intestate share

 When a husband makes his last will and testament and does not make satisfactory provision therein for his wife, she may, at any time within ninety (90) days after the probate of the will, file in the office where probated a renunciation to the following effect, viz.: "I, A B, the widow of C D, hereby renounce the provision made for me by the will of my deceased husband, and elect to take in lieu thereof my legal share of his estate." Thereupon she shall be entitled to such part of his estate, real and personal, as she would have been entitled to if he had died intestate, except that, even if the husband left no child nor descendant of such, the widow, upon renouncing, shall be entitled to only one-half (1/2) of the real and personal estate of her deceased husband. The husband may renounce the will of his deceased wife under the same circumstances, in the same time and manner, and with the same effect upon his right to share in her estate as herein provided for the widow.
MS Code § 91-5-27 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-27. Effect of no provision for husband or wife

 If the will of the husband or wife shall not make any provision for the other, the survivor of them shall have the right to share in the estate of the deceased husband or wife, as in case of unsatisfactory provision in the will of the husband or wife for the other of them. In such case a renunciation of the will shall not be necessary, but the rights of the survivor shall be as if the will had contained a provision that was unsatisfactory and it had been renounced.
MS Code § 91-5-29 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-29. Effect of wife or husband having separate estate

 In case the wife have a separate property at the time of the death of her husband, equal in value to what would be her lawful portion of her husband's real and personal estate, and he have made a will, she shall not be at liberty to signify her dissent to the will or to renounce any provision or bequest therein in her favor and elect to take her portion of his estate. If her separate property be not equal in value to what would be the value of her portion of her husband's estate, then she may signify her dissent to the will, as in other cases provided by law, and claim to have the deficiency made up to her, notwithstanding the will. The court in which the will is probated may appoint three commissioners to ascertain, by valuation of the estate, what her lawful portion thereof would be worth; and the commissioners shall also value her own separate estate and report their valuation to the court. Whereupon the court shall make the proper order for allowing her to share in her husband's real and personal estate to make up the deficiency after the following rule: if her separate property be equal in value to two thirds of what she would be entitled to, she shall have one third of her lawful portion of the land and one third of what would be her distributive share of the personalty; if her separate property be worth half in value what she would be entitled to, then she shall be entitled to half her lawful portion of real estate and half of what would be her distributive share of the personalty; if her separate property be worth only one third in value what she would be entitled to, then she shall be entitled to two thirds of her lawful portion of real estate and two thirds of what would be her distributive share in the personalty. This section shall not preclude or prevent any married woman from renouncing the provisions of her husband's will and electing to take her lawful portion if her separate property do not amount in value to one fifth of what she would be entitled to. This section shall apply to a husband renouncing the will of his wife, and shall govern as to his right to share in her estate in such case.
MS Code § 91-5-33 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-33. Person who kills another not to take under his will

 If any person shall wilfully cause or procure the death of another in any manner, he shall not take the property, or any part thereof, real or personal, of such other under any will, testament, or codicil. Any devise to such person shall be void and, as to the property so devised, the decedent shall be deemed to have died intestate.   This shall not defeat the title of a bona fide purchaser for value of the property so devised, who acquired the same after one year from the probation of the will without notice that the person to whom the same was devised so caused or procured the death of the testator.
MS Code § 91-5-35 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 5 - Wills and Testaments|§ 91-5-35. Will devising real property admitted to probate as muniment of title only; rights of interested parties unaffected

  When a person dies testate owning at the time of death real property in the State of Mississippi and his will purports to devise such realty, then said will may be admitted to probate, as a muniment of title only, by petition signed and sworn to by all beneficiaries named in the will, and the spouse of such deceased person if such spouse is not named as a beneficiary in the will, without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:   The value of the decedent's personal estate in the State of Mississippi at the time of his or her death, exclusive of any interest in real property, did not exceed the sum of Ten Thousand Dollars ($10,000.00), exclusive of exempt property; and   All known debts of the decedent and his estate have been paid, including estate and income taxes, if any.     If any beneficiary to any will admitted to probate pursuant to this section shall be under a disability, then the petition may be signed for him by one of his parents or his legal guardian.   The probate of a will under this section shall in no way affect the rights of any interested party to petition for a formal administration of the estate or to contest the will as provided by Section 91-7-23, Mississippi Code of 1972, or the right of anyone desiring to contest a will presented for probate as provided by Section 91-7-21, or as otherwise provided by law.   This section shall apply to wills admitted to probate from and after July 1, 1984, notwithstanding that the testator or testatrix may have died on or before July 1, 1984.
MS Code § 91-7-1 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-1. Venue of proof of wills

 Wills shall be proved in and letters testamentary thereon granted by the chancery court of the county in which the testator had a fixed place of residence. If he had no fixed place of residence and land be devised in the will, it shall be proved in and letters granted by the chancery court of the county where the land, or some part thereof, is situated. If the testator had no fixed place of residence and personal property only be disposed of by the will, it may be proved in and letters granted by the chancery court of the county where the testator died, or of the county in which some part of the property may be.
MS Code § 91-7-3 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-3. By whom presented

 When any last will and testament is exhibited to be proved, the court may take the probate thereof, and any one interested in a will may propound it for probate. Summons may be issued by the clerk for the subscribing witnesses, or for other witnesses, to be examined as to such will.
MS Code § 91-7-5 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-5. Production of will compelled

 The chancery court of the proper county, on being informed that any person has the last will and testament of a testator or testatrix, may compel such person to produce it.
MS Code § 91-7-7 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-7. Proof of due execution of will

 The due execution of the will, whether heretofore or hereafter executed, must be proved by at least one (1) of the subscribing witnesses, if alive and competent to testify. If none of the subscribing witnesses can be produced to prove the execution of the will, it may be established by proving the handwriting of a testator and of the subscribing witnesses to the will, or of some of them. The execution of the will may be proved by affidavits of subscribing witnesses. The affidavits may be annexed to the will or may be a part of the will, and shall state the address of each subscribing witness. Such affidavits may be signed at the time that the will is executed.
MS Code § 91-7-9 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-9. Affidavit of subscribing witness receivable

 The affidavit of any subscribing witness to a will, made before and certified by any officer in the state competent to administer oaths, shall be received as a substitute for the personal attendance of the affiant to prove the will where there is no contest about it.
MS Code § 91-7-10 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-10. Affidavits may be used to authenticate holographic wills or codicils

 Where there is not contest about it, a holographic will or codicil may be proved at the time of presentment for probate by the affidavits, made before an officer in the state authorized to administer oaths, of at least two (2) persons, in no wise interested in the estate of the testator or testatrix, attesting to the authenticity of the will or codicil and the competency of the testator or testatrix to make testamentary disposition of his or her property; provided, however, that such affiants shall be persons familiar with the handwriting and signature of the testator or testatrix, and the affidavits so presented shall contain statements made on the personal knowledge of such affiants attesting that such handwriting and such signature are genuine and were made and done by the testator or testatrix; and in such case the affidavits made and presented in conformity herewith may be received as a substitute for the personal attendance of witnesses to prove such will or codicil.
MS Code § 91-7-11 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-11. Testimony of absent witness

 When any will shall be exhibited for probate and any witness who attested the will shall reside out of the state or be not found, either of the following methods may be used to prove the execution of the will, to wit:   A commission may issue to take his or her deposition, as in other cases of nonresident witnesses, to which the will shall be attached. Before such original will shall be sent abroad for proof, the clerk shall make and certify to a true copy thereof and file the copy in his office, and such certified true copy shall have the same legal force and effect of the original will and may be substituted for the original will should the original will be lost. Provided, however, where there is no contest, the affidavit of such nonresident subscribing witness may be made before any officer competent to administer oaths in the state where such nonresident witness may be found.   Or, in lieu of sending the original will abroad for such proof, the clerk may have made a photostatic copy of said original will and certify to same as being a photostatic copy of said original will and send said certified photostatic copy of said original will abroad, instead of the original will; and in which case, the clerk shall file the original will in his office.
MS Code § 91-7-13 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-13. Testimony on probating will reduced to writing

 If the will shall appear to have been duly executed, it shall be admitted to probate. All testimony taken in probating it shall be reduced to writing and filed and carefully preserved in the clerk's office.