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SMITH v. WHARTON

No. 01-1045.

78 S.W.3d 79 (2002)

349 Ark. 351

Kathleen Wharton SMITH v. Joseph Burleson WHARTON, III, Executor of the Estate of Iola H. Wharton, Deceased; Joseph Burleson Wharton, III, Trustee of the Iola H. Wharton Living Trust dated July 29, 1997; Joseph Burleson Wharton, III; Joseph Clark Wood, A Minor; Marion Randolph Smith, Jr.; Thomas Christopher Smith and Kathleen Smith Shonert.

Supreme Court of Arkansas.

June 20, 2002.

Attorney(s) appearing for the Case

Huckaba Law Firm, P.A., by: Frank J. Huckaba, Mountain Home, for appellant/cross-appellee.

Carney Law Firm, P.A., by: Jodi G. Carney, Mountain Home, for appellee.

ANNABELLE CLINTON IMBER, Justice.

This is a will-contest case. Iola H. Wharton executed a will in 1980 by signing her name. In 1997, she undertook to execute another will, a declaration of trust, and various other estate planning documents. Because Iola was no longer able to write her name, she signed these instruments by mark. Following Iola's death on April 1, 1998, the 1997 will was admitted to probate and the decedent's son, Appellee Joseph B. Wharton, III, was...

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