McCarroll v. Falls
Supreme Court of Arkansas
Appeal from Tell Chancery Court, Danville District; Jordan Sellers, Chancellor; 1. The whole will must be construed together to get the intention of the testator. 113 Ark. 500. By reading the whole will it will be found that the guiding influence in the mind of the testator was to keep the property in the McCarroll family — the widow to hold for life or widowhood and the various devisees to take a contingent interest and not a vested interest.
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Appeal from Tell Chancery Court, Danville District; Jordan Sellers, Chancellor; 1. The whole will must be construed together to get the intention of the testator. 113 Ark. 500. By reading the whole will it will be found that the guiding influence in the mind of the testator was to keep the property in the McCarroll family — the widow to hold for life or widowhood and the various devisees to take a contingent interest and not a vested interest. Borland on Wills & Adm. 289. 2. If there be a repugnancy in the provisions of a will the last controls. Borland on Wills, etc., p. 300.; 113 Ark. 500;…
1Opinion of the CourtSmith, J.
James McCarroll died seized and possessed of the lands which form the subject-matter of this litigation. The lands were disposed of by him under a will which contained the following provisions:
“Ninth. I hereby devise, give and bequeath unto R. Gr. McCarroll and R. E. McCarroll, my nephews, and E. J. Keathley, my niece, jointly, one-fourth of my real estate after the death of said wife.
“Tenth. I hereby give, devise and bequeath to Sarah A. Kelley, my sister, one-fourth of my real estate on the death of my said wife.
“Eleventh. I hereby give, devise and bequeath to Dorcas L. Albright, my sister,…
2Cases cited7 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Wilce v. VanAndenIllinois Supreme Court · 1911
- McKinley v. MartinSupreme Court of Pennsylvania · 1910
- Rutherford v. WilsonSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hurst v. HilderbrandtSupreme Court of Arkansas · 1928
- Wallace v. WallaceSupreme Court of Arkansas · 1929
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Greer v. ParkerSupreme Court of Arkansas · 1946
- Tandy v. SmithSupreme Court of Arkansas · 1927
10 more not listed; retrieve them via the Exa API.