JONES v. BRANSFORD

No. CA 80-203.

606 S.W.2d 118 (1980)

William Byrd JONES, et al., Appellants, v. Emily Ann BRANSFORD, Executrix, Appellee.

Court of Appeals of Arkansas.

Rehearing Denied November 5, 1980.


Attorney(s) appearing for the Case

Davidson, Plastiras, Horme, Hollingsworth & Arnold, Ltd., Little Rock, for appellants.

Rose, Nast, Williamson, Carroll, Clay & Giroir, by W. Dane Clay, Little Rock, for appellee.


NEWBERN, Judge.

We are asked, mainly, to determine the effect of revocation of a clause in a will giving a portion of the residue of the estate. We must decide whether property which would have passed according to the revoked provision falls into the residue or passes by intestacy. We hold that it passes by intestacy, and because we cannot ascertain from the record the trial court's disposition of the property in question, we remand the case.

The will originally...

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