Owens v. Douglas
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge, STATEMENT BY THE COURT. Appellees applied to the probate court of Benton county to probate the following instrument as the last will and testament of A. R. Rodgers, deceased, towit: “Know all men by these presents: That I, A. R. Rodgers, of Mundell in the county of Benton and State of Arkansas, being in ill health but of sound and disposing mind and memory, do make and publish this my last will and testament heréby…
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Appeal from Benton Circuit Court; J. S. Maples, Judge, STATEMENT BY THE COURT. Appellees applied to the probate court of Benton county to probate the following instrument as the last will and testament of A. R. Rodgers, deceased, towit: “Know all men by these presents: That I, A. R. Rodgers, of Mundell in the county of Benton and State of Arkansas, being in ill health but of sound and disposing mind and memory, do make and publish this my last will and testament heréby revoking 'all former wills by me, at any time, heretofore made. “I hereby constitute and appoint William Douglas and 'Cynthia…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellants contend. 1. That the circuit court acquired no jurisdiction because the appellees failed to file a cost ¡bond.
Section 1348' of Kirby’s Digest provides that “appeals may be taken to the circuit court from all final orders land judgments of the probate court at any time within twelve months after the rendition thereof by the party aggrieved filing an affidavit andprayer f or appeal, ’ ’ etc. Act 327 of the Acts of 1909 amended section 1348. The latter act sets out section 1348 supra, and amends the same by adding, “And any heir, devisee, legatee or…
2Cases cited2 opinions
- In re GilmanNew York Supreme Court · 1862
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
3Cited by7 opinions
- Gardner v. BalboniSupreme Court of Connecticut · 1991
- Weems v. SmithSupreme Court of Arkansas · 1951
- Musgrove v. HoltSupreme Court of Arkansas · 1922
- Borchers v. BorchersSupreme Court of Arkansas · 1920
- Clark v. National Bank of CommerceSupreme Court of Arkansas · 1991
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