Cleaves v. Parker
Court of Appeals of Arkansas
1DissentAndree Layton Roaf, Judge
I would affirm udge, believe the devise at issue is a general devise, and because the appellant did not make this argument to the trial court, nor does she raise it on appeal.
A specific legacy, as defined in Holcomb v. Mullin, 167 Ark. 622, 268 S.W. 32 (1925), is a “gift by will of a specific article or part of the testator’s estate, which is identified and distinguished from all other parts of the same kind, and which may be satisfied only by the delivery of the particular thing.” The devise at issue in the present case is worded as follows: “All the remaining monetary-assets go to my…
2Cases cited7 opinions
- Crockett v. EssexSupreme Court of Arkansas · 2000
- Middleton v. LockhartSupreme Court of Arkansas · 2003
- McGuire v. SmithCourt of Appeals of Arkansas · 1997
- Holcomb v. MullinSupreme Court of Arkansas · 1925
- Sheets v. Dollarway School DistrictCourt of Appeals of Arkansas · 2003
2 more not listed; retrieve them via the Exa API.