Cook v. Estate of Seeman
Arkansas Supreme Court
858 S.W.2d 114 (1993)
- Written by Salina Kennedy, JD
Facts
Ruby Seeman’s will, which did not include a residuary clause, disinherited her deceased son’s widow and the couple’s two children, Deborah Seeman Jones (defendant) and Keith Seeman (defendant). When Ruby died, her home was not disposed of by her will. The executrix of Ruby’s estate (plaintiff) petitioned the probate court for authority to sell the residence and requested that the court determine how the proceeds from the sale should be distributed. The probate court determined that, although the lack of a residuary clause meant that the home was not disposed of by her will, Ruby’s intent to disinherit Deborah and Keith controlled the distribution of the proceeds from the sale of the home. The trial court ordered the sale proceeds to be distributed only to the beneficiaries of Ruby’s will. Deborah and Keith appealed.
Rule of Law
Issue
Holding and Reasoning (Holt, C.J.)
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