Robertson v. Robertson

• Citation: 223 S.W. 32
• Decision Date: 21 June 1920
• Docket Number: (No. 73.)
• Parties: ROBERTSON v. ROBERTSON et al.
• Court: Supreme Court of Arkansas

223 S.W. 32 ROBERTSON
v.
ROBERTSON et al. (No. 73.) Supreme Court of Arkansas. June 21, 1920.

Page 33

Appeal from Circuit Court, Benton County; W. A. Dickson, Judge.

Proceedings for probate of the will of Thomas Robertson, deceased, at the instance of William Robertson and others, contested by Annie Robertson. From judgment of the probate court admitting the will to probate, contestant appealed to the circuit court, which dismissed the appeal, and contestant appeals. Decree of circuit court affirmed.

C. A. Fuller, of Eureka Springs, for appellant.

McGill & McGill, of Bentonville, and Fowler & Green, of Fargo, N. D., for appellees.

HUMPHREYS, J.

This is an appeal from a judgment of the circuit court of Benton county dismissing appellant's appeal to that court from a judgment of the Benton county probate court admitting the last will and testament of Thomas Robertson, deceased, to probate in common form.

In December, 1916, deceased became a resident and citizen of Sulphur Springs, Ark. For more than 25 years prior to that time he had resided in Griggs county, N. D. In December, 1917, he married appellant at Sulphur Springs. He owned an estate of the approximate value of $50,000, about one-half of which was situated in this state and the other half in the state of North Dakota. The estate consisted of both real and personal property. While temporarily at Mound Valley, Kan., taking medical treatment for cancer, he executed a will in which he bequeathed a small portion of the property in Arkansas to his wife, appellant herein, and the residue of his estate to appellees, William Robertson, a brother, and Ruby Tower and Mary Cohun, nieces. He died on June 27, 1919, leaving him surviving appellant, who is his widow, and appellees, his collateral heirs. He left no children, father, or mother surviving him. On the 28th day of July, 1919, appellees presented the last will and testament of deceased to the probate court without citation to appellant, which will was admitted to probate in common form. On October 4, 1919, appellant filed her renunciation of the will and her election to take under the law. On the same day she made herself a party to the probate proceedings and took an appeal to the circuit court from the judgment admitting the will to probate by filing an affidavit for appeal, in which she set up that the will was induced through undue influence by appellees, and at the time of the execution thereof the testator was mentally incapacitated to...