Bradway v. Thompson
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martmeau, Chancellor; STATEMENT OF FACTS. . This is a suit in chancery to establish a lost will by parol testimony of its execution and contents to the end that it may be duly admitted to probate. On the 16th day of May, 1918, Joseph Kendrick executed his will in the city of Little Rock, Arkansas, and retained it in his possession.
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Appeal from Pulaski Chancery Court; John E. Martmeau, Chancellor; STATEMENT OF FACTS. . This is a suit in chancery to establish a lost will by parol testimony of its execution and contents to the end that it may be duly admitted to probate. On the 16th day of May, 1918, Joseph Kendrick executed his will in the city of Little Rock, Arkansas, and retained it in his possession. He died on July 26, 1918, in the city of Little Rock where he had resided for many years and where all his property was situated. After his death his will could not be found, and this suit was brought by the appellees,…
1Opinion of the Court
HART, J.,
(after stating the fact's). (1) Chancery was the proper forum in which to bring the suit. Section 8062 of Kirby’s Digest provides that whenever any will shall be lost or destroyed by accident or design, a court of chancery shall have the same power to take proof of the execution of such will, and to establish the same, as in the case of lost deeds. The power of a court of chancery to establish lost instruments is one long recognized and the practice under it requires that all those interested in the deed or will should be made parties and have notice of the proceeding. Waggenet et…
2Cases cited19 opinions
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Glover v. PattenSupreme Court of the United States · 1897
- Williams v. MilesNebraska Supreme Court · 1903
- Tynan v. PaschalTexas Supreme Court · 1863
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
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3Cited by20 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Sullivant v. SullivantSupreme Court of Arkansas · 1963
- Eder v. Methodist Episcopal Church Ass'nSupreme Court of Colorado · 1934
- Toney v. RainesSupreme Court of Arkansas · 1955
- Rose v. HunnicuttSupreme Court of Arkansas · 1924
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