Osborn v. Bryant

ROBERT GLADWIN, Judge.

This is the second appeal from a declaratory judgment rendered by the Jackson County Circuit Court concerning whether a will that was not admitted to probate could be used as evidence of a devise of property under Ark.Code Ann. § 28-40-104 (Supp.2007). 1 The circuit court held that the will could not be used because appellant Brenda Bryant Osborn had filed an affidavit for collection of small estate and attached the will to that affidavit. Osborn and the other appellants raise two points on appeal challenging that ruling. We reverse.

The facts are largely undisputed. Lacy…