Legal Opinion · Dissent

Collie v. Tucker

Supreme Court of Arkansas

Decided November 3, 1958No. 5-1650Published

1DissentPaul Ward, Associate Justice

I have read many decisions of our court dealing with testamentary language similar to that contained in the third and fourth paragraphs in the will under consideration and I am driven to the conclusion that the law is now in a state of uncertainty. The majority opinion certainly does nothing to clarify that uncertainty. In my opinion it is desirable to put an end to this confusion. I submit this can be done simply and only by adhering strictly to a rule of law relative to the construction of wills that has been clearly and repeatedly announced by this court. That simple rule, briefly, stated…

2Cases cited7 opinions

  1. Jackson v. RobinsonSupreme Court of Arkansas · 1938
  2. Ellsworth v. Arkansas Natl. Bk., TrusteeSupreme Court of Arkansas · 1937
  3. McLane v. Chancey, AdministratorSupreme Court of Arkansas · 1947
  4. Dyer v. LaneSupreme Court of Arkansas · 1941
  5. Piles v. ClineSupreme Court of Arkansas · 1939

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