ROY v. McCOMB

No. 5-2194.

340 S.W.2d 381 (1960)

Pearl Moore ROY, Administratrix, et al., Appellants, v. Dorothy Marino McCOMB, Appellee.

Supreme Court of Arkansas.

As Amended on Denial of Rehearing December 19, 1960.


Attorney(s) appearing for the Case

James M. Roy and Elsijane T. Roy, Blytheville, for appellants.

Fred MacDonald, Brinkley, for appellee.


GEORGE ROSE SMITH, Justice.

The question here is whether the will of Sallie Bryan McComb created a tenancy in common in the property left to her two children or created instead a joint tenancy in that property, with a right of survivorship. As to the latter estate see Ferrell v. Holland, 205 Ark. 523, 169 S.W.2d 643. The trial court took the first view, which opens the door to a claim of dower by the appellee, who is the surviving widow of the testatrix's son. The...

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