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ALEXANDER v. FIRST NAT. BANK OF FORT SMITH

No. 84-24.

676 S.W.2d 731 (1984)

283 Ark. 350

Mildred ALEXANDER and Mary M. Alexander, Legatees, Appellants, v. FIRST NATIONAL BANK OF FORT SMITH, Executor in Succession, Appellee.

Supreme Court of Arkansas.

October 8, 1984.

Attorney(s) appearing for the Case

Gean, Gean & Gean by Lawrence W. Fitting, Fort Smith, for appellants.

Rose Law Firm, by W. Dane Clay, Little Rock, for appellee.

PURTLE, Justice.

The Crawford County Probate Court entered an order distributing the remaining balance of the estate of J. Fred Alexander who died in 1956. We agree with the appellants that the probate court did not have jurisdiction to partition the estate as was done in the order of distribution here under consideration.

The testator left his widow one-half of his estate free and clear of all debts, taxes and other incumbrances. The other half of his estate...

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