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EUBANKS v. McDONALD

No. 5-742.

283 S.W.2d 166 (1955)

Bennle Lafayette EUBANKS, by Hubert L. Burch, guardian ad litem, Appellant, v. Margaret J. McDONALD, Appellee.

Supreme Court of Arkansas.

Dissenting Opinion November 7, 1955.

Attorney(s) appearing for the Case

John W. Murphy and Hubert L. Burch, Fayetteville, for appellant.

Daily & Woods, Ft. Smith, for appellee.

GEORGE ROSE SMITH, Justice.

This is a suit brought by the appellee to quiet her title to a small tract of land in Washington County. The case turns upon the construction of this language in the will of W. G. Taylor, who is the parties' common source of title: "I will and bequeath to my beloved wife, Ida Taylor, all the rest and residue of my estate, both real and personal, to have and enjoy during her lifetime, and at her death I will and bequeath that all my property...

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