Martin v. Simmons First Trust Co.

I concur stice, express my disagreement with the majority’s reliance on the concept of domicile in determining which of two states is the proper forum for the probate of an estate. Specifically, the majority’s reliance on Phillips v. Sherrod Estate, 248 Ark. 605, 453 S.W.2d 60 (1970), is misplaced. In Phillips, we interpreted Texas statutes, which operate in terms of domicile. Id. Conversely, a review of Arkansas statutes reveals that a standard of residence applies in determinations of forum for the administration of estates. The probate statutes repeatedly refer to residence as opposed to…