Legal Opinion

Smith v. Boswell

Supreme Court of Arkansas

Decided November 22, 1909PublishedCited by 20 opinions

Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The burden of proof was on appellee to establish the will by showing that it was in the proper handwriting of the testatrix. Kirby’s Dig. § § 3107, 8012; 38 Ark. 482; 63 Ark. 145; 64 Ark. 349; 70 Ark. 88. While, as a rule, the burden is upon contestants, in a contest over an attested will, even in such cases there are exceptions to the rule. 19 Ark. 550; 25 Am.

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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The burden of proof was on appellee to establish the will by showing that it was in the proper handwriting of the testatrix. Kirby’s Dig. § § 3107, 8012; 38 Ark. 482; 63 Ark. 145; 64 Ark. 349; 70 Ark. 88. While, as a rule, the burden is upon contestants, in a contest over an attested will, even in such cases there are exceptions to the rule. 19 Ark. 550; 25 Am. Dec. 282; 6 Dawson’s Rights, Remedies & Practice, § § 3196, 3209; 1 Jarman on Wills, 69, 71; 46 Mo. 147. 2. The language used by appellee’s attorney in his argument to the jury was…

1Opinion of the CourtBattle, J.

On the 27th day of February, 1907, there was

filed before the clerk of the probate court of Pope County the following paper writing:

“February the 18th, 1907.
“My last will and testament.
“I will to my daughter Mattie Boswell all my household goods and kitchen furniture.
“I will to my son Bob one dollar.
“I will to my sister Eou Zachary two hundred dollars ($200.00). I also will to Victory Roe one dollar.
“I will to Charlie Jones one dollar, Grace Jones one dollar, Florence Barton one dollar, Mack Jones one dollar, and Travis Jones one dollar. And all my real estate is deeded to Mattie Boswell, and…

2Cases cited10 opinions

  1. Taylor v. McClintockSupreme Court of Arkansas · 1908
  2. McCulloch v. CampbellSupreme Court of Arkansas · 1887
  3. McDaniel ad. v. CrosbySupreme Court of Arkansas · 1858
  4. Arendt v. ArendtSupreme Court of Arkansas · 1906
  5. Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Orr v. LoveSupreme Court of Arkansas · 1955
  2. Sullivant v. SullivantSupreme Court of Arkansas · 1963
  3. Hiler v. CudeSupreme Court of Arkansas · 1970
  4. Wood v. WoodWyoming Supreme Court · 1917
  5. Warwick v. ZimmermanSupreme Court of Kansas · 1928

15 more not listed; retrieve them via the Exa API.

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