Delafield v. Lewis

Tom Glaze, Justice.

This case involves the interpretation of Ark. Stat. Ann. § 62-2125 (Repl. 1971) [now Ark. Code Ann. § 28-40-103 (1987)], as amended by Act 166 of 1963 (sometimes referred to hereinafter as the 1963 Act). In this appeal, the appellant contends that the trial court’s May 16, 1988 order admitting to probate the will of a non-resident, who died in 1962, was error. He argues the appellee’s application to probate the foreign will was barred by the five-year limitation provided by § 62-2125. Appellee submits the trial court’s decision was correct because the limitation was removed…