COOK v. ESTATE OF SEEMAN

No. 93-361.

858 S.W.2d 114 (1993)

314 Ark. 1

Debra COOK and Keith Seeman, Appellants, v. ESTATE OF Ruby SEEMAN, Appellee.

Supreme Court of Arkansas.

July 12, 1993.


Attorney(s) appearing for the Case

J. Bradley Green, Stuttgart, for appellants.

Malcolm R. Smith, Stuttgart, for appellee.


HOLT, Chief Justice.

This case presents the novel issue of whether an exclusionary clause in a will lacking a residuary clause controls intestate property held by the testatrix. We hold that it does not and reverse the findings of the Probate Court.

On May 7, 1987, the decedent, Ruby Seeman, executed a will distributing her assets to her husband, brother and three surviving children. The will, which does not have a residuary clause, fails to dispose of her...

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