Dodson v. Walton

The majority correctly stated the facts and law in this case; however, from that point on I am in disagreement with the opinion.

I think the first thing to look at is the applicable state law. In this case it is Ark. Stat. Ann. § 60-406 (Repl. 1971) which states in pertinent part as follows:. . a will, or any part thereof, can be revoked only

a. By subsequent will; or

b. By being . . . obliterated . . . with the intent and for the purpose of revoking the same, by the testator himself . . .

The plain, clear, unambiguous terms of the above statute allow a person to destroy a will or obliterate any…