Myar v. Mitchell
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court in Chancery. Charles W. Smith, Judge. The.chancery court was without jurisdiction. Sand. & H. Dig. § 6121. The declarations of a testator should be received with great caution. 11 Ark. 596; 13 Vesey, 313; Wharton, Ev. 992; 60 Ark. 303. The facts that one learned in the law drew the will, and that there was a full attestation clause, are not of themselves sufficient to prove its execution. 84 Am. Dec. 619.
1Opinion of the CourtBattle, J.
W. J. Mitchell brought an action against Henry W. Myar in the Ouachita circuit court, in equity, to recover the possession of a certain tract of land, described in his complaint, and to quiet title to the same. He alleged in his complaint that Chesley Jones was the owner of it; that Jones died in 1864, and left a last will and testament, and thereby devised it to his daughter, M. E. Mitchell, born Jones, for her life, and the remainder, at her death, to her children; that M. F. Mitchell died on the 1st day of July, 1898, leaving F. C. Mitchell, M. E. Mitchell, E. E. Rogers, born Mitchell, M.…
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