MITCHELL v. MITCHELL

No. 77-371.

565 S.W.2d 29 (1978)

William M. MITCHELL, Sr., et ux., Appellants, v. William M. MITCHELL, Jr., et al., Appellees.

Supreme Court of Arkansas, In Banc.

May 1, 1978.


Attorney(s) appearing for the Case

Loh & Massey by Edmund Massey, G. Joe Cambiano, Morrilton, for appellants.

Robert E. Irwin, Russeilville, for appellees.


BYRD, Justice.

This litigation arises out of the will of E. E. Mitchell, Sr. who was survived by four sons: E. E. Mitchell, Jr., Shelby H. Mitchell, James C. Mitchell and William M. Mitchell, Sr. In Mitchell v. Mitchell, 208 Ark. 478, 187 S.W.2d 163 (1945), we construed item XVIII of the Will as creating a fee tail estate in the four sons. Two of the brothers E. E. Mitchell, Jr. and Shelby H. Mitchell died in 1974 without bodily heirs and the question arose...

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