COX v. WHITTEN

No. 85-263.

704 S.W.2d 628 (1986)

288 Ark. 318

Ann Whitten COX, Appellant, v. T.K. WHITTEN, Appellee.

Supreme Court of Arkansas.

March 10, 1986.


Attorney(s) appearing for the Case

Hale, Fogleman & Rogers by Julian B. Fogleman, West Memphis, for appellant.

Rieves & Mayton by Ted Mackall, Jr., West Memphis, for appellee.


GEORGE ROSE SMITH, Justice.

In this case the only question, arising from undisputed facts, is whether a provision in Ida Mae Tatum's will leaving property to the "children" of her four brothers was intended to apply to the appellee, who is the adopted child of one of the brothers. The appeal comes to this court under Rule 29(1)(p). We are unable to agree with the chancellor's conclusion that the language of the will extends to this adopted child.

Mrs. Tatum...

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