Boone v. Boone
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; 1. Supporting the proposition that the evidence does not sustain the verdict and that the court should have directed a verdict for the contestants, counsel say: (a) The will indicates that the deceased did not appreciate the relationship of those dependent upon him.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; 1. Supporting the proposition that the evidence does not sustain the verdict and that the court should have directed a verdict for the contestants, counsel say: (a) The will indicates that the deceased did not appreciate the relationship of those dependent upon him. He was suffering from senile dementia, lacked mental capacity and disposing memory, and was not capable of executing a valid will. 64 Ark. 351. (b) He could not retain in his memory, without prompting, the extent and condition of his property, nor comprehend to…
1Opinion of the CourtKirby, J.
This is a contest of the will of Emanuel Boone. The testator gave to his children and grandchildren, named in the will, $5 each, and to Emanuel Boone, the son of William H. Boone, designated in the will as his nephew, $100, and left the bulk of his estate to his widow, Sarah Boone, who was named executrix of the will. He disposed of his home place, containing thirty acres, by paragraph 4 of the will as follows: “I hereby devise and -bequeath my home place, containing thirty (30) acres, more or less, to my wife, Sarah Boone, to be held by her for her sole use and benefit during her natural…
2Cases cited3 opinions
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- Leeper v. TaylorSupreme Court of Alabama · 1872
- Willard v. CommonwealthCourt of Appeals of Kentucky · 1894
3Cited by10 opinions
- Hiler v. CudeSupreme Court of Arkansas · 1970
- Daley v. BoroughsSupreme Court of Arkansas · 1992
- Shippen v. ShippenSupreme Court of Arkansas · 1948
- Pernot v. KingSupreme Court of Arkansas · 1937
- Walsh v. FairheadSupreme Court of Arkansas · 1949
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