Selle v. Rapp
Supreme Court of Arkansas
Appeal from White Circuit Court;, J. M. Jackson, Judge; 1. The court erred in admitting the testimony offered by the proponents of the will. Kirby’s Digest, § 80.34; 40 Cyc. p. 1294. The will was not executed in accordance with the lex loci rei sitae. Id. 1294; 31 Ark. 180; 64 Atl. 410; 95 Am. Dec. 487; 22 Am. Dec. 321; 15 Atl. 379; 18 S. E. 208; 34 Pac. 358; 10 S. E. 411. The evidence admitted to establish the will was mere hearsay and not primary evidence.
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Appeal from White Circuit Court;, J. M. Jackson, Judge; 1. The court erred in admitting the testimony offered by the proponents of the will. Kirby’s Digest, § 80.34; 40 Cyc. p. 1294. The will was not executed in accordance with the lex loci rei sitae. Id. 1294; 31 Ark. 180; 64 Atl. 410; 95 Am. Dec. 487; 22 Am. Dec. 321; 15 Atl. 379; 18 S. E. 208; 34 Pac. 358; 10 S. E. 411. The evidence admitted to establish the will was mere hearsay and not primary evidence. The certified copy of the New Jersey court order of probate and the certified copy of the evidence taken in New Jersey were not properly…
1Opinion of the CourtHumphreys, J.
On the 10th day of November, 1905, Julia Rapp executed her last will and testament, bequeathing her entire estate, both real and personal, to her husband, Aaron Rapp, leaving only one dollar, each, to her two sons and daughter. The will was executed in the State of Arkansas. With her husband she afterward removed to, and became a citizen of, the State of New Jersey, where she died on July 27, 1910. On March 17, 1915, a petition for probate of the will was filed by Aaron Rapp with the surrogate of Hunterdon County, New Jersey, which was contested by appellants herein, on the ground of…
2Cases cited7 opinions
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- Hines v. HinesSupreme Court of Missouri · 1912
- Keith v. KeithSupreme Court of Missouri · 1888
- Martin v. StovallTennessee Supreme Court · 1899
- Apperson v. BoltonSupreme Court of Arkansas · 1874
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3Cited by12 opinions
- Guidry v. HardyLouisiana Court of Appeal · 1972
- Roach v. JurchakCourt of Appeals of Maryland · 1944
- Kirkland v. CalhounTennessee Supreme Court · 1922
- In Re Randall's EstateWashington Supreme Court · 1941
- Foster v. KraghSupreme Court of Colorado · 1941
7 more not listed; retrieve them via the Exa API.