Dudgeon v. Dudgeon
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; 1. The court ought to have sustained appellant’s demurrer, interposed after the evidence was in, to the ■allegations of the answer as to the purported oral agreement to disregard the will.
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Appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; 1. The court ought to have sustained appellant’s demurrer, interposed after the evidence was in, to the ■allegations of the answer as to the purported oral agreement to disregard the will. The effect of allowing this defense and the evidence to sustain it, is to convey the real estate of the decedent by an oral agreement. 55 Ark. 74. The further effect of it would be to say that appellant conveyed his share, or a part of-his share in the real estate to his tenants in common by parol. A contract between tenants…
1Opinion of the CourtSmith, J.
This is an action to establish a destroyed will under section 8062 of Kirby’s Digest, and was begun December 13, 1912. Plaintiff alleged that Joseph Dudgeon, died testate March 14,1902, and named .as devisees 'his widow, Amanda Dudgeon, and their children, Bertha Hawks, Pearl Schnables, Ella Jellard, Arthur Dudgeon, .and J. A. Dudgeon, who was the plaintiff below, and is appellant here. That the said Joseph Dudgeon, by his will, disposed of all his property, which consisted of a livery stable in Corning, certain lots in that town and some lands near there, and that by the terms of the will…
2Cases cited2 opinions
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