Legal Opinion

People's Savings Bank v. McInturff

Supreme Court of Arkansas

Decided January 31, 1921PublishedCited by 5 opinions

Appeal from Pulaski Chancery Court;' J. E. Martineau, Chancellor ; The paper designated as a will was not admissible in evidence because not probated nor subject to probate. Kirby’s Digest, §§ 8028-30. Nor could it be probated in Tennessee. 4 Shannon’s Code of Tenn., p. 3759. It was typewritten and without subscribing witnesses.

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Appeal from Pulaski Chancery Court;' J. E. Martineau, Chancellor ; The paper designated as a will was not admissible in evidence because not probated nor subject to probate. Kirby’s Digest, §§ 8028-30. Nor could it be probated in Tennessee. 4 Shannon’s Code of Tenn., p. 3759. It was typewritten and without subscribing witnesses. The burden was on appellee, and she has failed to sustain her case, and the facts and circumstances and the contradictory statements aré so suspicious as to make the authenticity of the will doubtful. The statement of J. H. Carmichael was not admissible in evidence,…

1Opinion of the CourtHumphreys, J.

This suit was commenced on April 12, 1919, by the New York Life Insurance Company, in the Pulaski Chancery Court, in which appellant and appellee were made parses (defendant. The /allegation contained in the bill was that it owed $3,873.32 on two policies of insurance issued on the life of Lewey D. Able, now deceased, which was claimed by both appellant and appellee, and asked that they be required to answer and establish their respective claims to the fund.

Appellee answered, claiming the fund by virtue of assignments of the policies.

Appellant answered, claiming the fund on account of an…

2Cases cited3 opinions

  1. Nolen v. HardenSupreme Court of Arkansas · 1884
  2. McRae v. HolcombSupreme Court of Arkansas · 1885
  3. Brown v. BrownSupreme Court of Arkansas · 1918

3Cited by5 opinions

  1. Sewell v. UmstedSupreme Court of Arkansas · 1925
  2. MFA Mutual Insurance Company v. DixonDistrict Court, W.D. Arkansas · 1965
  3. Golf Shaft Block Company v. O'KeefeSupreme Court of Arkansas · 1940
  4. Barton v. BartonSupreme Court of Arkansas · 1934
  5. Latham v. ClarkOhio Supreme Court · 1929

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