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DOPP v. SUGARLOAF MIN. CO.

No. 85-98.

702 S.W.2d 393 (1986)

288 Ark. 18

Lula Anna DOPP, Individually and as Trustee for Margaret T. Piper; Margaret T. Piper, Individually; and Lula M. Hoover, Appellants, v. SUGARLOAF MINING COMPANY, an Arkansas Corporation; Spencer Bovard, Individually and as Administrator of the Estate of Patricia Ann Bovard; et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied February 24, 1986.

Attorney(s) appearing for the Case

Hardin, Jesson & Dawson by Betsy Hall, Fort Smith, for appellants.

Harper, Young, Smith & Maurras by Robert Y. Cohen, II, Fort Smith, for appellees.

HAYS, Justice.

This case concerns the validity of a 1946 declaration of trust which the appellants claim is either a forgery or was obtained by fraud. The disputed instrument, which we will refer to as the Bovard trust, affects the ownership of an undivided one-third interest in 2,883 acres in Sebastian County, Arkansas, containing valuable coal deposits. The chancellor upheld the Bovard trust, but we must reverse that ruling.

Appellee, Spencer Bovard, is...

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