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MERRELL v. SMITH

No. 5-1363.

306 S.W.2d 700 (1957)

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

Supreme Court of Arkansas.

Rehearing Denied December 2, 1957.

Attorney(s) appearing for the Case

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

Shaver, Tackett & Jones, Texarkana, for appellee.

HARRIS, Chief Justice.

John F. Merrell died in March, 1928, intestate as to an undivided one-half interest that he owned in 220 acres of land in Howard County. Maymie E. Whitmore, a niece, owned the other undivided one-half interest in said lands. Merrell was survived by certain sisters (not parties herein), three nephews, Clay Merrell,1 George Merrell, and Alger Merrell, and his niece, Maymie...

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