Hare v. First Security Bank

Conley Byrd, Justice.

Appellant admits that appellee Carolyn Sue Davis was not mentioned in the will, but asks this Court to adopt the rule that in the case of pretermitted children, extrinsic evidence be admitted to show the testator was aware of the pretermitted child and intended to disinherit. Appellant then suggests that, if the evidence be sufficiently clear, cogent and convincing, the expressed terms of the will be effectuated despite the pretermitted heir statute. Our pretermitted child statute, Ark. Stat. Ann. § 60-507(b) (Repl. 1971), provides:

“b. PRETERMITTED CHILDREN. If at the…