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HICKMAN v. TRUST OF HEATH, HOUSE & BOYLES

No. 91-310.

835 S.W.2d 880 (1992)

310 Ark. 333

Dunavant Charles HICKMAN and Pernie Boyles, Guardian of Tracy Butler, an Incompetent, Appellants, v. The TRUST OF HEATH, HOUSE AND BOYLES, Julian B. Fogleman, Trustee and Individually, Heath & House Construction Co., Inc., a Corporation, James A. Heath, J.O. House, Grace Ann Stephenson, Claudia Heath Howe, David Randall House, Paula Jeane House and Jeffrey Lewis House, Appellees.

Supreme Court of Arkansas.

July 20, 1992.

Attorney(s) appearing for the Case

Donald A. Forrest, West Memphis, William P. Raney, Marion, for appellants.

Kent J. Rubens, J. Michael Stephenson, Michael R. Mayton, West Memphis, for appellees.

HAYS, Justice.

Appellants brought this suit in equity to have certain writings declared to be an express trust for their benefit. The trial court held the evidence was insufficient to establish that the plaintiffs were designated beneficiaries and they appeal from that order. We affirm the chancellor.

Heath & Scarbrough Construction Company, Inc., owed $19,171.08 to each of its three stockholders, James Heath...

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