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SMITH v. WARD

No. 82-158.

643 S.W.2d 549 (1982)

278 Ark. 62

Louise SMITH, Individually, and as Executrix, et al., Appellants, v. Charlie WARD, Appellee.

Supreme Court of Arkansas.

December 20, 1982.

Attorney(s) appearing for the Case

L. David Stubbs, Dumas, for appellants.

Gibson & Gibson by R. Bynum Gibson, Jr., Dermott, for appellee.

GEORGE ROSE SMITH, Justice.

In 1981 the appellee, Charlie Ward, brought this suit in the circuit court to recover possession of a 35-acre tract that had been left to him by the will of his stepmother, Melissie Ward, who died in 1967 without descendants. Her will left the property to her husband, Miles Ward, for life with remainder to Miles's son, the appellee Charlie. Melissie's will was never filed for probate. Nevertheless, her surviving husband remained in possession...

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