O'Leary v. Lane
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern. Dis-. trict; George W. Clark, Judge; 1. The will is void for uncertainty, (1) because it does not designate specific existing deeds with sufficient definiteness as to admit of the incorporation of said deeds in the will; (2) because the will is indefinite and uncertain as to whom the testator desired to leave his property to, or as to whether the deeds probated with the will were all the deeds that were in the lockbox.
Read the full summary
Appeal from Prairie Circuit Court, Northern. Dis-. trict; George W. Clark, Judge; 1. The will is void for uncertainty, (1) because it does not designate specific existing deeds with sufficient definiteness as to admit of the incorporation of said deeds in the will; (2) because the will is indefinite and uncertain as to whom the testator desired to leave his property to, or as to whether the deeds probated with the will were all the deeds that were in the lockbox. Uncertainty in a will as to either the subject or object of a devise is fatal to its validity. 116 Ark. 328. 2. The deeds being…
1Opinion of the CourtHumphreys, J.
Appellants and appellee are the sole heirs of W. H. Brock, deceased. Appellants instituted suit against appellee in the Prairie Chancery Court, Northern District, for partition of the lands in said county, owned by the said W. H. Brock at the time of his death, alleging that W. H. Brock, deceased, died intestate and that they were tbe owners, as tenants in common, of said lands by inheritance from him.
Appellee filed an answer, denying that W. H. Brock, deceased, died intestate, and that appellants and appellee inherited said lands, as tenants in common, under the law of descent and…
2Cases cited1 opinion
- Bryan v. BigelowSupreme Court of Connecticut · 1905
3Cited by2 opinions
- Rogers v. AgricolaSupreme Court of Arkansas · 1928
- Kinnear v. LangleySupreme Court of Arkansas · 1946