WITT v. ROSEN

No. 88-266.

765 S.W.2d 956 (1989)

298 Ark. 187

Myron WITT and Ralph Heyman as Executor of the Estate of Ruth Witt Margolis, Appellants, v. Brooks ROSEN, Executor of the Estate of Sidney M. Brooks, Appellee.

Supreme Court of Arkansas.

March 6, 1989.


Attorney(s) appearing for the Case

Robert D. Ross & Brad A. Cazort, Little Rock, for appellants.

Vincent Foster, Jr., James H. Druff, Little Rock, for appellee.


HAYS, Justice.

Mr. Sidney M. Brooks died on May 1, 1985, leaving a 1978 will which bequeathed $20,000 to Ruth Witt Margolis (Paragraph Third) and $15,000 to Myron Witt (Paragraph Fourth), a niece and nephew by marriage. However, a few months before his death Mr. Brooks executed a codicil which reads:

I hereby revoke Paragraphs Third and Fourth of my said will since I have in the interim made inter vivos gifts to Myron Witt and Ruth Witt Margolis.<...

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