Davis v. Sparks
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; Jno. M. Elliott, Chancellor; 1. The appeal was taken within the six months. The decree was rendered November 12, 1917, and the transcript filed April 5, 1918. ' 2. All the testimony as to the alleged lost contract was incompetent. Besides it was contradictory of the will. The case in 102 Ark. 30 is not in point. Parol evidence was not admissible to establish a trust or vary ;the terms of a written will.
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Appeal from Arkansas Chancery Court; Jno. M. Elliott, Chancellor; 1. The appeal was taken within the six months. The decree was rendered November 12, 1917, and the transcript filed April 5, 1918. ' 2. All the testimony as to the alleged lost contract was incompetent. Besides it was contradictory of the will. The case in 102 Ark. 30 is not in point. Parol evidence was not admissible to establish a trust or vary ;the terms of a written will. The alleged contract is vague and indefinite if established. Alexander on Wills, 158-168; K. & G. Dig., § 3997; 57'.Ark. 636; 34 Atl. 909; 19 Col. 168; 156…
1Opinion of the CourtMcCULLOCH, C. J.
Appellees contend that the appeal in this case was not taken within six months after the rendition of the decree, and that the appeal should, for that reason, be dismissed.
In the transcript before us the decree follows the opening order of the court on the first day of the term, September 24, 1917, which would indicate on its face that the decree was rendered on that day, but appellees have supplied additional parts of the record which show that the court adjourned over to the next day and then adjourned for the term. At the foot of the decree in the transcript it is dated November 12, 1917,…
2Cases cited5 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
- Archer v. PalmerSupreme Court of Arkansas · 1914
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
3Cited by9 opinions
- United States v. MooreSupreme Court of Arkansas · 1939
- Barron v. StuartSupreme Court of Arkansas · 1918
- Little Rock v. LenonSupreme Court of Arkansas · 1932
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Letzkus v. NothwangSupreme Court of Arkansas · 1926
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