HESS v. WIMS

No. 80-229.

613 S.W.2d 85 (1981)

Mary W. HESS and Jean W. Morton, Appellants, v. Geraldine WIMS, Executrix, Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 13, 1981.


Attorney(s) appearing for the Case

Friday, Eldredge & Clark by George E. Pike, Jr., Little Rock, for appellants.

Knox Kinney, Forrest City, for appellee.


DUDLEY, Justice.

Appellants challenge the constitutionality of the Arkansas laws that allow a widow, but not a widower, to take against a will and to receive dower interests, statutory allowances and homestead rights.

Mary Hess and Jean Morton, the appellants, and the decedent Hoyt Wims, were the only three children of their parents. When their mother died, Jean Morton was appointed administratrix, and the mother's Mississippi land was sold. The proceeds were...

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