Lowery v. Jones

Steele Hays, Justice.

The crux of this appeal is whether a testamentary bequest to a charitable institution should fail for vagueness and hence pass to the appellants, heirs at law of the decedent. The will of Robert P. Frazier consists entirely of bequests for charitable purposes, including the following disputed bequest:

Fifteen percent (15%) to Shriner’s Hospital for Crippled Children, Little Rock, Arkansas, to be used at the discretion of said hospital.

The executor petitioned the probate court to construe the provision as meaning the “Shriners Hospital for Crippled Children, a National…