Morris v. Raymond
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The appeal was properly dismissed, as it was taken more than six months after the judgment in the prob.ate court. Kirby’s Digest, § 1348; Acts 1909, p. 956; • 99 Ark. 60. 2. The question of mental capacity is eliminated by the verdict. 3. No undue influence is proven.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The appeal was properly dismissed, as it was taken more than six months after the judgment in the prob.ate court. Kirby’s Digest, § 1348; Acts 1909, p. 956; • 99 Ark. 60. 2. The question of mental capacity is eliminated by the verdict. 3. No undue influence is proven. No domination or control over the mind of the testator amounting to deception or coercion is shown. 48 S. E. 306; 153 Mo. 276; 154 Id. 545; 189 Id. 677; 47 S. E. 442; 18 Mass. 410. 4. The court erred in its instructions. Old age, physical…
1Opinion of the CourtHart, J.
This appeal involves the contest of the last will and testament of E. C. Brogan, deceased. • The probate court admitted the will to probate and Mrs. A. H. Raymond, the daughter of said testator, appealed to the circuit court. In the circuit court the jury found in favor of the contestants as to the two items of the will in which the proponents were chiefly interested.
From the judgment rendered, the proponents of the will have duly prosecuted an appeal to this court.
The appeal from the prohate court to the circuit court was taken more than six months after the rendition of the judgment…
2Cases cited9 opinions
- Ouachita Baptist College v. ScottSupreme Court of Arkansas · 1897
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- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1900
- Harrelson v. Eureka Springs Electric Co.Supreme Court of Arkansas · 1915
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1908
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3Cited by16 opinions
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- Myers v. LillardSupreme Court of Arkansas · 1949
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