Duensing v. Duensing
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. W. L. Duensing' died and his widow offered for probate a will, the fifth paragraph of which was as follows: “I give and bequeath to my two sons, Edward Maximilan and Frederick William, and my daughter, Christene Regine, married to F. Strube, children by my first wife, my farm in Prairie County, described as follows (here follows description of certain lands), in which farm they are to be…
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. W. L. Duensing' died and his widow offered for probate a will, the fifth paragraph of which was as follows: “I give and bequeath to my two sons, Edward Maximilan and Frederick William, and my daughter, Christene Regine, married to F. Strube, children by my first wife, my farm in Prairie County, described as follows (here follows description of certain lands), in which farm they are to be equal owners.” The remainder of the estate was devised to his second wife and to his children by her begotten, and this…
1Opinion of the Court
Smith, J.,
(after stating the facts). We will not discuss appellee’s first contention, as we think the second position is well taken and is conclusive of the case. Section 8020 of Kirby’s Digest provides that if any person shall make a last will and testament and omit to mention the name of a child if living, or the legal representatives of such child born and living at the time of the execution of such will, every such person, so far as regards such child, shall be deemed to have died intestate. The question therefore is whether appellant is mentioned in said will. Appellant cites numerous…
2Cases cited3 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- McDonald v. ShawSupreme Court of Arkansas · 1906
- Gray v. ParksSupreme Court of Arkansas · 1910
3Cited by8 opinions
- Armstrong v. ButlerSupreme Court of Arkansas · 1977
- McLane v. Chancey, AdministratorSupreme Court of Arkansas · 1947
- Quattlebaum v. the Simmons National Bank, Admr.Supreme Court of Arkansas · 1945
- Jesseph v. LeveridgeSupreme Court of Arkansas · 1943
- Cavanaugh v. MaddenSupreme Court of Arkansas · 1927
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