Legal Opinion

Tobin v. Jenkins

Supreme Court of Arkansas

Decided November 15, 1874PublishedCited by 18 opinions

APPEAL from Jefferson Circuit Court. Hon. Henry B. Morse, Circuit Judge.

1Opinion of the CourtWalker, J.

The plaintiffs, heirs at law of Nathan Jenkins, deceased, filed their petition, in-, the Jefferson circuit-court, against the other heirs of said Jenkins, for the purpos e-of having the will of Nathan Jenkins (which had been probated before the clerk) set aside upon the grounds :

1. That the testator, at the time the will was made, was not-of sound and disposing mind and memory.

2. Because the will was not the result of the voluntary act-of the testator, but was procured to be executed by an undue; influence over him by William H. Jenkins, a son and a devisee in the will.

3. That the provisions…

2Cases cited1 opinion

  1. Stewart's v. LispenardNew York Supreme Court · 1841

3Cited by18 opinions

  1. Taylor v. McClintockSupreme Court of Arkansas · 1908
  2. Puryear v. PuryearSupreme Court of Arkansas · 1936
  3. Sullivant v. SullivantSupreme Court of Arkansas · 1963
  4. Mason v. BowenSupreme Court of Arkansas · 1916
  5. Rounds v. ColemanCourt of Appeals of Texas · 1919

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