Alexander Ex Rel. Alexander v. Estate of Alexander

Annabelle Clinton Imber, Justice.

The sole issue on appeal is whether Sean Alexander is a pretermitted child under the will of his late grandfather, Ray Edward Alexander, pursuant to Ark. Code. Ann. § 28-39-407(b) (1987). The facts in this case are undisputed. Sean is the issue of the testator’s deceased son, James Edward Alexander. The will did not specifically mention or provide for Sean. Nonetheless, the circuit court held that a reference in a rule-against-perpetuities clause to “the last survivor of my issue on the date of my death” was sufficient mention of Sean as a member of a class to…