Any person interested may, at any time within two years, by petition or bill, contest the validity of the will probated without notice; and an issue shall be made up and tried as other issues to determine whether the writing produced be the will of the testator or not. If some person does not appear within two years to contest the will, the probate shall be final and forever binding, saving to infants and persons of unsound mind the period of two years to contest the will after the removal of their respective disabilities. In case of concealed fraud, the limitation shall commence to run at, and not before, the time when such fraud shall be, or with reasonable diligence might have been, first known or discovered.
Miss. Code Ann. § 91-7-23
Validity contested within two years
Applied in 15 court decisions — leading case Tillotson v. Anders (1989)
Most recently applied in Estate of Perry v. Perry (October 2010)
Codes, Hutchinson’s 1848, ch. 49, art. 1 (29); 1857, ch. 60, art. 43; 1871, § 1099; 1880, § 1961; 1892, § 1822; 1906, § 1997; Hemingway’s 1917, § 1662; 1930, § 1609; 1942, § 505.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.