Legal Opinion · Dissent

Edmundson v. Estate of Fountain

Supreme Court of Arkansas

Decided July 1, 2004No. 03-1459Published

1DissentBetty C. Dickey, Chief Justice

I disagree stmajority’s ice, that Ms. Fountain’s “Last Will” contained “absolutely no words of testamentary intent.” The majority states that, without testamentary intent ascertainable from the face of the document, extrinsic evidence may not be admitted. In fact, the case law cited by the majority leads one to believe that the document in question contains testamentary language sufficient to allow the trial court to consider extrinsic evidence in order to determine whether testamentary intent can be ascertained. For these reasons, I would reverse and remand in order to allow the trial court…

2Cases cited10 opinions

  1. Greenwood v. WilsonSupreme Court of Arkansas · 1979
  2. Abrego v. United Peoples Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1984
  3. Arendt v. ArendtSupreme Court of Arkansas · 1906
  4. Matter of Estate of O'DonnellSupreme Court of Arkansas · 1991
  5. Gibson v. TalleySupreme Court of Arkansas · 1943

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