Gray v. Parks
Supreme Court of Arkansas
Appeal from White Chancery Court; John B. Martineau, Chancellor; statement by The court. This was a suit brought by the appellants. The complaint set up that Jesse L. Gray died in White County, leaving a supposed will in which he bequeathed to his son, Harrison T. Gray, who had departed this life prior thereto, five dollars, but making no mention of plaintiffs, children of Harrison T. Gray and grandchildren of testator.
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Appeal from White Chancery Court; John B. Martineau, Chancellor; statement by The court. This was a suit brought by the appellants. The complaint set up that Jesse L. Gray died in White County, leaving a supposed will in which he bequeathed to his son, Harrison T. Gray, who had departed this life prior thereto, five dollars, but making no mention of plaintiffs, children of Harrison T. Gray and grandchildren of testator. The appellants also ' alleged that the will was obtained through the fraud of one Rufus B. Gray, practiced on Jesse L. Gray. The complaint alleged in detail the acts of fraud…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The chancery court had no jurisdiction in this proceeding to determine the question of the validity of the will. The remedy at law for setting aside •the will on account of any fraud or undue influence in procuring it was complete. Kirby’s Digest, § § 8028-29-30-38-39-41. Janes v. Williams, 31 Ark. 175; Mitchell v. Rogers, 40 Ark. 91; Ouachita Baptist College v. Scott, 64 Ark. 349: See also St. Joseph’s Convent v. Garner, 66 Ark. 623; Caraway v. Moore, 75 Ark. 146; Ludlow v. Flournoy, 34 Ark. 451; Petty v. Decker, 51 Ark. 281; Hogane v. Hogane; 57 Ark.…
2Cases cited15 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Ouachita Baptist College v. ScottSupreme Court of Arkansas · 1897
- Tobin v. JenkinsSupreme Court of Arkansas · 1874
- Bloom v. StraussSupreme Court of Arkansas · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Holland v. WillisSupreme Court of Arkansas · 1987
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
- Manning v. ManningSupreme Court of Arkansas · 1943
- Duensing v. DuensingSupreme Court of Arkansas · 1914
- Dunn v. BradleySupreme Court of Arkansas · 1927
5 more not listed; retrieve them via the Exa API.