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OSBORN v. BRYANT

No. CA 08-589.

290 S.W.3d 620 (2009)

Brenda Bryant OSBORN, Opal M. Garfi, Altha P. Hickman, Norma Sexton, Linda Bliss, Rita Gilliam, Gene Bryant, Billy Ray Bryant, and Beverly Beeman, Appellants, v. Billy BRYANT, Betty Hamby, Norma Knight, Mabel Kimberling, and Dortha M. Whitner, Appellees.

Court of Appeals of Arkansas.

January 14, 2009.

Attorney(s) appearing for the Case

Bristow & Richardson, PLLC, by: Bill W. Bristow, Jonesboro, for appellants.

Robert Hudgins, Searcy, for appellees.

ROBERT GLADWIN, Judge.

This is the second appeal from a declaratory judgment rendered by the Jackson County Circuit Court concerning whether a will that was not admitted to probate could be used as evidence of a devise of property under Ark.Code Ann. § 28-40-104 (Supp.2007).1 The circuit court held that the will could not be used because appellant Brenda Bryant Osborn had filed an affidavit for collection of small estate and attached...

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