SCHOLEM v. LONG

No. 5-4886.

439 S.W.2d 929 (1969)

Clifford SCHOLEM et al., Appellants, v. Fletcher LONG, Executor, Appellee.

Supreme Court of Arkansas.

April 28, 1969.


Attorney(s) appearing for the Case

Spitzberg, Mitchell & Hays, Little Rock, for appellants.

Harold Sharpe, Forrest City, for appellee.


BYRD, Justice.

The trial court held that appellants Clifford Scholem and Edwin J. Scholem took under Grace Overholt's will as individuals rather than as members of a class and that consequently a devise to their brother, Percy L. Scholem, who predeceased the testatrix, lapsed.

The record shows that Grace Overholt died without issue. Her will contains fifteen clauses but only Article III thereof is for the benefit of living kinsmen. Article III provides:

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