ALLEN v. WALLIS

No. 83-64.

650 S.W.2d 225 (1983)

279 Ark. 149

Oneta ALLEN, Fletcher Harold Allen & Aleta M. Hamlin, Appellants, v. Jean WALLIS, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 31, 1983.


Attorney(s) appearing for the Case

Jack M. Lewis, Clinton, for appellants.

Dan Stripling, Clinton, for appellee.


HICKMAN, Justice.

This is an appeal from the Probate Court of Van Buren County, Arkansas, which found the appellants, the three children of Fletcher Haywood Allen, were not Allen's legitimate children, and, therefore, not lawful heirs of Allen's uncle, Wager Kirkwood, who died intestate in 1979. The judge held the appellee, Jean Wallis, to be the only legitimate child of Allen.

The probate judge based his decision on two erroneous premises: The first was that...

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