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MERRELL v. SMITH

No. 5-1007.

295 S.W.2d 624 (1956)

Alger MERRELL et al., Appellants, v. Dr. W. Decker SMITH, Special Administrator of the Estate of Maymie E. Whitmore, deceased, and A. L. Davis, Appellees.

Supreme Court of Arkansas.

November 26, 1956.

Attorney(s) appearing for the Case

J. G. Sain, Nashville, Tom Kidd, Murfreesboro, for appellants.

Shaver, Tackett, Jones & Lowe, Texarkana, for appellees.

HOLT, Justice.

Appellants bring this appeal from a decree, upholding and admitting to probate, the will of Maymie E. Whitmore who died testate August 31, 1954. Appellants contested the will on several grounds, one, —and the only one now considered,—being that the testatrix had made an oral agreement with appellants to leave her property to them. At the trial in Probate Court appellants sought specific performance of this alleged agreement. This appellants...

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