Legal Opinion · Dissent

Fisher v. Boling

Court of Appeals of Arkansas

Decided April 17, 2019No. CV-18-490Published

1DissentBrandon J. Harrison, Judge

Did the circuit court erroneously conclude that Wanda Boling Fisher's interest in her grandfather's testamentary trust vested in her brother, rather than her estate, when she died in 2014? I believe the court did err, so I respectfully dissent from the majority's decision to affirm (even as modified).

I

I agree with my colleagues that H.E. Boling gave his wife Eunice a life estate with the following words in section 4 of the trust:

During the lifetime of my wife, Eunice Boling, the Trustee shall pay all income which is distributed annually to my wife, Eunice Boling, and upon her death, it will…

2Cases cited11 opinions

  1. Galloway v. DarbySupreme Court of Arkansas · 1912
  2. Hurst v. HilderbrandtSupreme Court of Arkansas · 1928
  3. Covenant Presbytery v. First Baptist ChurchSupreme Court of Arkansas · 2016
  4. Murphy v. MorrisSupreme Court of Arkansas · 1940
  5. Mitchell v. MitchellSupreme Court of Arkansas · 1945

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