Borchers v. Borchers
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; The instrument presented for probate was a will. Kirby’s Digest, § 8012; 80 Ark. 204; 118 N. C. 202; 113 Pac. 130; 40 Ene. of Law & Prac., p. 1315. A written revocation of a will requires the same land and measure of evidence as the probate of a will. Schouler on Wills, par. 423; 117 Ind. 44. The findings and judgment are erroneous and should be reversed.
Read the full summary
Appeal from Garland Circuit Court; Scott Wood, Judge; The instrument presented for probate was a will. Kirby’s Digest, § 8012; 80 Ark. 204; 118 N. C. 202; 113 Pac. 130; 40 Ene. of Law & Prac., p. 1315. A written revocation of a will requires the same land and measure of evidence as the probate of a will. Schouler on Wills, par. 423; 117 Ind. 44. The findings and judgment are erroneous and should be reversed. The letter offered for probate was not a will; (1) it was not so intended; (2) it was not executed and witnessed as required by law. Kirby’s Dig., § 8012; 40 Cyc. 1097; 1105-7; 121 Ark.…
1Opinion of the CourtHumphreys, J.
This suit grew out of a contest of the alleged holographic will of Charles S. Borchers, deceased,. filed for probate by his father, Fred Borchers, in the Garland Probate Court. At the time of executing the alleged will, Charles S. Borchers was a soldier in the United States army at Camp Beauregard. A number of years prior to his enlistment in the army, his mother and father had separated and obtained a divorce. Charles S. Borchers was the business manager of a bakery operated by his mother, and, during his entire life, had resided with her. He was twenty-eight years of age. During his…
2Cases cited1 opinion
- Owens v. DouglasSupreme Court of Arkansas · 1915
3Cited by5 opinions
- In Re Bem EstateMichigan Court of Appeals · 2001
- Weems v. SmithSupreme Court of Arkansas · 1951
- Turnage v. StevensMississippi Supreme Court · 1950
- Sneed v. ReynoldsSupreme Court of Arkansas · 1924
- Weems v. SmithSupreme Court of Arkansas · 1951