Legal Opinion · Dissent

Pullen v. Estate of Pullen

Supreme Court of Arkansas

Decided November 23, 1970No. 5-5362Published

1DissentJohn A. Fogleman, Justice

I respectfully dissent. I think that the majority has treated this case as if a construction of the purported codicil, or of the will as modified by the codicil, were the question before the court, in spite of the accurate statement of the question in the first sentence of the majority opinion and recital of authorities prescribing the intention necessary.

Circumstances emphasized in the majority opinion are:

1. The strongest circumstance to indicate that the writing was intended as a codicil is the delivery of an envelope containing the will and the later writing to the administrative clerk at…

2Cases cited20 opinions

  1. Arendt v. ArendtSupreme Court of Arkansas · 1906
  2. Cartwright v. CartwrightSupreme Court of Arkansas · 1923
  3. United States v. MooreSupreme Court of Arkansas · 1939
  4. Hanel v. SpringleSupreme Court of Arkansas · 1963
  5. Little Rock v. LenonSupreme Court of Arkansas · 1932

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