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ALEXANDER v. ESTATE OF ALEXANDER

No. 02-847.

93 S.W.3d 688 (2002)

351 Ark. 359

Sean ALEXANDER, by and through his Court-Appointed Guardian and Parent Charmaine ALEXANDER, v. The ESTATE OF Ray Edward ALEXANDER, Deceased.

Supreme Court of Arkansas.

December 19, 2002.

Attorney(s) appearing for the Case

Wood, Smith, Schnipper & Clay, by: John T. Vines and Philip M. Clay, Hot Springs, for appellant.

Steven B. Davis, Harrison, for appellee.

ANNABELLE CLINTON IMBER, Justice.

The sole issue on appeal is whether Sean Alexander is a pretermitted child under the will of his late grandfather, Ray Edward Alexander, pursuant to Ark.Code. Ann. § 28-39-407(b) (1987). The facts in this case are undisputed. Sean is the issue of the testator's deceased son, James Edward Alexander. The will did not specifically mention or provide for Sean. Nonetheless, the circuit court held that a reference in a rule-against...

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