Shamoon v. Tombridge

This case is closer than the majority opinion suggests. Absent evidence of fraud or undue influence, neither of which is even argued here, our tendency has been to relax technical requirements so as to implement the testator’s intent. See, Note, 4 U.A.L.R. L.J. 139 (1981).

In Green v. Smith, 236 Ark. 829, 368 S.W.2d 280 (1963), we held that we interpret the provisions of Ark. Stat. Ann. § 60-403(3) and (5) to be mandatory in requiring a minimum of three subscribing witnesses to make the will in question valid. Quoting Ash v. Morgan, 232 Ark. 602, 339 S.W.2d 309 (1950) we said:

It is essential…