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PITTMAN v. PITTMAN

No. 5-3206.

375 S.W.2d 361 (1964)

Floyd Lee PITTMAN, Jr., et al., Appellants, v. Inona PITTMAN, Appellee.

Supreme Court of Arkansas.

February 17, 1964.

Attorney(s) appearing for the Case

George E. Pike, DeWitt, for appellants.

Bridges, Young & Matthews, Pine Bluff, for appellee.

GEORGE ROSE SMITH, Justice.

It is a familiar rule that when a testator purports to leave A's property to B and by the same will also leaves other property to A, 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; Collins v. Fincher, 235 Ark. 587, 361 S.W.2d 86. This is a suit brought by the appellee for...

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