COLLINS v. FINCHER

No. 5-2761.

361 S.W.2d 86 (1962)

Glenora COLLINS et al., Appellants, v. Sam C. FINCHER et al., Appellees.

Supreme Court of Arkansas.

October 22, 1962.


Attorney(s) appearing for the Case

Bon McCourtney & Associates, by Claude B. Brinton, Jonesboro, for appellants.

H. G. Partlow, Jr., and Marcus Evrard, Blytheville, for appellees.


GEORGE ROSE SMITH, Justice.

This case involves the applicability of a well-settled doctrine of election, which comes into play when a testator purports to devise A's property to B and by the same will also leaves other property to A. In that situation A cannot claim both his own property and the testamentary gift; he must elect to take one and relinquish the other. McDonald v. Shaw, 92 Ark. 15, 121 S.W. 935, 28 L.R.A.,N.S., 657. The question here is whether Lillie...

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