Mason v. Bowen
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Full;, Judge; 1. The case should have been dismissed on appellants’ motion upon the testimony of appellee.
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Appeal from Pulaski Circuit Court, Second Division; Guy Full;, Judge; 1. The case should have been dismissed on appellants’ motion upon the testimony of appellee. A will that is made in such form and manner as to require the statutory attesting witnesses, is not valid unless at the time the testator subscribed it or acknowledged it that he unconditionally-j unqualifiedly and without any express inental reservation declared to and in the presence of such witnesses and in the presence of each other that it was his last will and that he did so at a time when he possessed testamentary capacity.…
1Opinion of the CourtHart, J.
This was a contest over the will of L. W. Mason. The will was contested by the heirs of the testator on the ground of mental incapacity on the part of the testator and that the execution of the will was procured by undue influence on the part of the contestee. The probate court refused to admit the will to probate and the contestee appealed to the circuit court. There the issues were submitted to a jury and a verdict returned in favor of contestee. Thereupon the court rendered judgment establishing the will and ordering it admitted to probate. The contestants have duly prosecuted an appeal to…
2Cases cited7 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Coghill v. KennedySupreme Court of Alabama · 1898
- Arendt v. ArendtSupreme Court of Arkansas · 1906
- Tobin v. JenkinsSupreme Court of Arkansas · 1874
- Payne v. PayneSupreme Court of Arkansas · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hiler v. CudeSupreme Court of Arkansas · 1970
- In Re Walther's EstateOregon Supreme Court · 1945
- Motors Ins. Corporation v. LopezSupreme Court of Arkansas · 1950
- Daley v. BoroughsSupreme Court of Arkansas · 1992
- Phillips v. JonesSupreme Court of Arkansas · 1929
15 more not listed; retrieve them via the Exa API.