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JANES v. ROGERS

No. 5-481.

271 S.W.2d 930 (1954)

Lawrence JANES, Executor, et al., Appellants, v. Edgar ROGERS and Elvia Rogers, Appellees.

Supreme Court of Arkansas.

Dissenting Opinion November 1, 1954.

Attorney(s) appearing for the Case

R. Julian Glover, Hot Springs, for appellants.

Richard M. Ryan and C. T. Cotham, Hot Springs, for appellees.

MILLWEE, Justice.

Appellees, Edgar and Elvia Rogers, are the sons of J. D. Rogers, deceased, by his first marriage. They instituted this suit to have the probated will of Ella Rogers, deceased, their stepmother, set aside on the ground that it constituted a fraud upon the court and appellees, and a breach of a contract pursuant to which the said J. D. Rogers and Ella Rogers made valid mutual and reciprocal wills. Appellants, Lawrence and J. D. Janes, are the sons...

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