Bromley v. Atwood
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court; Zachariah T. Wood, Judge; C. B. Atwood died in Cleveland County, Arkansas, about the 3d day of May, 1904, leaving personal property amounting in value to the sum of $10,292.10 and certain real property. On the 1st day of May, 1904,' he made the following will: "In the name of God, Amen.
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Appeal from Cleveland Circuit Court; Zachariah T. Wood, Judge; C. B. Atwood died in Cleveland County, Arkansas, about the 3d day of May, 1904, leaving personal property amounting in value to the sum of $10,292.10 and certain real property. On the 1st day of May, 1904,' he made the following will: "In the name of God, Amen. "I, Curtis B. Atwood, of Smith township, Cleveland County, Arkansas, being in ill health, but of sound mind and memory, do make and publish this my last will and testament. “1. It is my desire, as soon after my death as possible, that my executors hereinafter named pay my…
1Opinion of the CourtHill, C. J.
The Reporter will state the issues, set out the will and give a summary of the evidence, and from this statement of facts it will be seen that three questions are in the case.
1. Does the will on the face of it forgive the legatee’s debt to the testator?
2. Does the evidence show that the testator intended to forgive the debt of the legatee to him ?
3. Was a debt in fact proved against the legatee?
1. After making various bequests to Mrs. Bromley, amounting to a substantial sum, the instrument proceeds: “But the said Mrs. M. A. Bromley is to make no charges against my estate for anything I owe…
2Cases cited1 opinion
- Gilliam v. BrownMississippi Supreme Court · 1871
3Cited by3 opinions
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Blocker v. SchererSupreme Court of Arkansas · 1943
- Barton v. BartonSupreme Court of Arkansas · 1934