Montgomery v. Blankenship

Ed. F. McFaddin, Justice.

The present case is the sequel to Montgomery v. Blankenship, 217 Ark. 357, 230 S. W. 2d 51, decided by this Court on May 29, 1950 (and hereinafter referred to as “the first case”). In the opinion in that case we (a) sustained the “Living Trust” —against the claim of lack of mental capacity of Mrs. Bottoms — because the “Living Trust” was incorporáted by the reference into Mrs. Bottoms’ Last "Will and Testament, and the will had not been contested in due time; and (b) we adjudged that the $17,426.33 fund in Court went to Mrs. Bottoms’ heirs at law, because the…