Gibbons v. Ward
Supreme Court of Arkansas
Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; 1. The will was republished by the codicil and made to speak as of the date of the codicil, and will and codicil must he construed as one instrument. (2) The will and codicil so construed as one will be so construed as to prevent intestacy, or even partial intestacy; the devise did not lapse.
Read the full summary
Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; 1. The will was republished by the codicil and made to speak as of the date of the codicil, and will and codicil must he construed as one instrument. (2) The will and codicil so construed as one will be so construed as to prevent intestacy, or even partial intestacy; the devise did not lapse. After careful search we find but one ease identical with this, and if accepted as authority, it absolutely confirms our contention. 6 Dana (Ky.) 51-54; see also Redfield on Wills 371 (1864); 30 Neb. 149; 27 Am. Stat. 391; 28 N. Y. 375; 64…
1Opinion of the CourtKirby, J.
This appeal calls for the construction of the last will of Jeremiah W. Skeif, who died in Hot Springs, Arkansas, Garland County, the owner of a considerable estate. The will was executed on the 24th day of June, 1902, and thereafter the testator added a codicil, of date the 29th day of March, 1907.
The first clause of the will reads: “I, Jeremiah W. Skeif, of Hot Springs, County of Garland, and State of Arkansas, declare this to be my last will, hereby revoking all wills and testamentary papers at any time heretofore made by me.
“I. I direct all my just debts to be paid.
“II. I bequeath to my…
2Cases cited9 opinions
- Matter of HoffmanNew York Court of Appeals · 1911
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Moody v. WalkerSupreme Court of Arkansas · 1840
- Johnson v. Knights of HonorSupreme Court of Arkansas · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. MooreSupreme Court of Arkansas · 1939
- Little Rock v. LenonSupreme Court of Arkansas · 1932
- Lockhart v. LyonsSupreme Court of Arkansas · 1927
- Rogers v. AgricolaSupreme Court of Arkansas · 1928
- Kinnear v. LangleySupreme Court of Arkansas · 1946
5 more not listed; retrieve them via the Exa API.