Burns v. Adamson
Arkansas Supreme Court
313 Ark. 281, 854 S.W.2d 723 (1993)
- Written by Rose VanHofwegen, JD
Facts
The day before she died, Nettie Burns signed a will naming her nephew Larry Burns (plaintiff) as sole beneficiary, but she did not follow the statutory formalities for properly executing a will under Arkansas law. A friend who visited Nettie in the hospital that day signed the will as a witness before Nettie had signed it, and the friend never saw Nettie sign it. Two more friends who visited Nettie later the same day witnessed her sign the will, but only one signed the will as a witness. Other nephews and a niece (defendants) Nettie left out of the will contested it. The court found Nettie did not validly execute the will in the presence of two persons and ordered her estate administered accordingly to intestacy laws. Larry appealed.
Rule of Law
Issue
Holding and Reasoning (Hays, J.)
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