Cook v. Worthington
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. W. H. Cook, a ¡citizen of Lonoke County, Arkansas, died on the 13th day of February, 1913. A few days after his death the following instrument (omitting merely formal opening and conclusion) was offered for probate as Ms last will and testament, towit: “Section One.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. W. H. Cook, a ¡citizen of Lonoke County, Arkansas, died on the 13th day of February, 1913. A few days after his death the following instrument (omitting merely formal opening and conclusion) was offered for probate as Ms last will and testament, towit: “Section One. I do hereby constitute and appoint my friend L. S. G-artrell to be the sole administrator of my last will, directing my said administrator to pay all my just debts and funeral expenses and the legacies given, out of my estate. ‘ ‘ Section Two. After…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The will, ■so far as appellants are concerned, is void for uncertainty.
“To the validity of every disposition,” says Mr. Jarman, “as well of personal as real estate, it is requisite that there be a definite subject and object; and uncertainty in either of these particulars is fatal.” 1 Jar-man on Wills, p. 454, chap. 14.(2) Now an inspection of the sections of this will will discover that no devise or bequest of all or any portion of the estate of Wm. H. Cook was made to the appellants. After giving $5 each, the language of section two does not give or…
2Cases cited6 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Cockrill v. ArmstrongSupreme Court of Arkansas · 1876
- Webb v. WebbSupreme Court of Arkansas · 1914
- Bloom v. StraussSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wooldridge v. GilmanSupreme Court of Arkansas · 1926
- Metzgar v. RodgersCourt of Appeals of Arkansas · 2003
- Yeates v. YeatesSupreme Court of Arkansas · 1929
- Hughes, Guardian v. EdwardsSupreme Court of Arkansas · 1939
- McCauley v. AlexanderCourt of Appeals of Texas · 1976
5 more not listed; retrieve them via the Exa API.