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eBook details

• Title: Mcdaniel v. Mcdaniel
• Author : Supreme Court of Arkansas
• Release Date : January 26, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Mrs. Vine McDaniel died testate, at the age of 73, July 11, 1951. She left surviving four adult children, - appellant, Hugh W. McDaniel, (unmarried) and appellees, J. Elgin McDaniel, Louisa Angeline M. Barron and Eula M. Schug. On April 28, 1941, she executed her will in which Hugh was named as executor to act without bond. The will further recited: ""I have the following named children, to-wit: J. Elgin McDaniel, Louisa Angeline McDaniel Barron, Eula McDaniel Schug, and Hugh W. McDaniel. I hereby direct that the first three children, to-wit: J. Elgin McDaniel, Louisa Angeline McDaniel Barron, Eula McDaniel [220 Ark Page 615] Schug, take none of my property. I give to my said son, Hugh W. McDaniel, all of my property of every kind and nature, personal, real and mixed and wherever situated, which I may own at my death."" Appellees brought the present action in which they alleged that their mother died, ""seized and possessed of the northwest quarter of the southwest quarter of section 27, township 16 north, range 6 east, Greene County, Arkansas, except approximately one acre out of the northwest corner thereof, being 420 feet long east and west and 105 feet north and south; plaintiffs further state that the said Vina McDaniel died testate; that under the terms of the will as drafted she made no provisions for plaintiffs, but that said will was made and was continued in effect unchanged on the express promise and agreement of the defendant that he would convey and deliver to each of the plaintiffs such part of her estate as they would have been entitled to had she died intestate. . . . that under its terms as written the defendant would be the absolute owner of the property above described, but that by reason of the promise and agreement of the defendant as made to his mother, he is trustee for plaintiffs of the respective interests they would have had in said property had she died intestate.""

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