Friend v. Patterson
Supreme Court of Arkansas
Appeal from Mississippi Circuit; Court, Osceola District; R. H. Dudley, Judge; The instrument sued on is not a will under the law of Arkansas, because not executed and witnessed as prescribed by law, and never probated. Neither is it a promissory note. The claim was not probated within the time prescribed by law.
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Appeal from Mississippi Circuit; Court, Osceola District; R. H. Dudley, Judge; The instrument sued on is not a will under the law of Arkansas, because not executed and witnessed as prescribed by law, and never probated. Neither is it a promissory note. The claim was not probated within the time prescribed by law. The only pretense that the claim was filed within a year is the testimony of Hammons to the effect that he mailed such claim to the administrator, but he admits that he addressed ,the letter to the wrong post-office. A demand of such claim by mail presupposes a proper postoffice…
1Opinion of the CourtWood, J.
This is an action by the appellee against the appellant as administrator of the estate of R. W. Friend, deceased, on the following order:
“Pecan. Point, Ark.
“April 23,1914.
“I hereby direct the executor of my will to pay to Mollie Patterson one thousand dollars after my death for her faithful servitude and kindness to me during my sickness.
(Signed “R. W. Friend.”
To the order was attached the affidavit of the appellee authenticating the claim. The order was presented to the probate court for allowance, and the cause was appealed to. the circuit court. The circuit court rendered a judgment in…
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