Miller v. Carr
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; 1. During the time preceding the execution of the will, there is no influence on the part of the proponent over the testatrix shown, except that influence which would naturally arise from the affectionate relationship between a mother and son, which is not unlawful. 13 Ark. 475; 19 Ark. 551,49 Ark. 371. To establish fraud or undue influence in the making of a will, the evidence must show the fact…
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Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; 1. During the time preceding the execution of the will, there is no influence on the part of the proponent over the testatrix shown, except that influence which would naturally arise from the affectionate relationship between a mother and son, which is not unlawful. 13 Ark. 475; 19 Ark. 551,49 Ark. 371. To establish fraud or undue influence in the making of a will, the evidence must show the fact of deception practiced, and that such fraud or undue influence was effectual to destroy the testator’s free agency and…
1Opinion of the Court
Battue}, J.
Minnie Miller died, leaving a last will and testament, and thereby bequeathed to each of her children, except W. F. Miller, ten dollars, and bequeathed and devised to him, W. F. Miller, the remainder of her property, and appointed him executor of the same. Minnie Carr, Amanda Chittenden and Henry J. Miller, her children, contest the validity of the will on the ground that W. F. Miller procured it by the exercise of undue influence over her.
The only witnesses present at the execution of the will were W. F. Miller and Gus Fulk. Miller testified that he and testatrix were witnesses in…
2Cases cited4 opinions
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- Smith v. BoswellSupreme Court of Arkansas · 1909
- Guthrie v. PriceSupreme Court of Arkansas · 1861
- Jenkins v. TobinSupreme Court of Arkansas · 1876
3Cited by7 opinions
- Dunklin v. BlackSupreme Court of Arkansas · 1955
- Milton v. JeffersSupreme Court of Arkansas · 1922
- Schirmer v. BaldwinSupreme Court of Arkansas · 1930
- Hamilton v. HamiltonSupreme Court of Arkansas · 1928
- Sneed v. ReynoldsSupreme Court of Arkansas · 1924
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