Legal Opinion

Hightower v. Hightower

Supreme Court of Arkansas

Decided March 12, 1917PublishedCited by 2 opinions

Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in directing a verdict for appellees. The will was not void because the names of all the heirs were not mentioned therein. Kirby’s Digest, § 8020; 28 Ark. 569; 31 Id. 145; 87 Id. 206; 92 Id. 88; 94 Id. 39. 2. The will was signed as required by law. Kirby’s Digest, § 7799. It was duly signed by mark and in the presence of witnesses. 40 Oyc. 1104; 19 Mo. 609; 5 Johns.

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Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in directing a verdict for appellees. The will was not void because the names of all the heirs were not mentioned therein. Kirby’s Digest, § 8020; 28 Ark. 569; 31 Id. 145; 87 Id. 206; 92 Id. 88; 94 Id. 39. 2. The will was signed as required by law. Kirby’s Digest, § 7799. It was duly signed by mark and in the presence of witnesses. 40 Oyc. 1104; 19 Mo. 609; 5 Johns. (N. Y.); Jackson v. Van Busen; 17 Ark. 292; 51 Id. 48; 14 Id. 675; 23 Id. 396. Price’s testimony shows that he wrote the testator’s name and saw him sign by…

1Opinion of the CourtHumphreys, J.

The appellees, except G. M. Caruthers, as administrator of the estate of S. W. Hightower, deceased, brought a suit on August 21, 1916, against appellants in the probate court of Fulton County, contesting the will of S. W. Hightower, deceased. The will was signed by mark on November 25,1912. No one signed the will as a witness to the signature by mark. The names of O. N. Halcomb and F. L. Lefevers were signed as subscribing witnesses to the will. The will was filed for probate on the 14th day of August, 1916.

On August 21, 1916, the same day appellees filed the contest, J. P. Price appeared and…

2Cases cited4 opinions

  1. Ward v. StarkSupreme Court of Arkansas · 1909
  2. Fakes v. WilderSupreme Court of Arkansas · 1902
  3. Smith v. FeltzSupreme Court of Arkansas · 1883
  4. Western Union Telegraph Co. v. GillisSupreme Court of Arkansas · 1909

3Cited by2 opinions

  1. Bocquin v. TheurerSupreme Court of Arkansas · 1918
  2. J. R. Watkins Medical Co. v. MartinSupreme Court of Arkansas · 1917

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