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GAITHER v. HOBGOOD

No. 5-2824.

362 S.W.2d 18 (1962)

Fred M. GAITHER, Executor, Appellant, v. J. C. HOBGOOD et al., Trustees, Appellees.

Supreme Court of Arkansas.

November 26, 1962.

Attorney(s) appearing for the Case

J. E. Still, Arkadelphia, for appellant.

McMillan & McMillan, Arkadelphia, for appellees.

PAUL WARD, Justice.

John E. Gaither died testate on October 2, 1961 at the age of 89, survived by his widow, Pearl F. Gaither. To understand the import of this litigation it is necessary first to summarize certain portions of Mr. Gaither's will pertinent to the issue involved.

Among other provisions of the will there are the following:

"(a) Deceased's brother, Fred Madden Gaither, is named executor. Two others named did not qualify. "(b...

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