Merrell v. Smith
This text of 295 S.W.2d 624 (Merrell v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
J. SeaborN Holt, Associate Justice.
Appellants bring this appeal from a decree, upholding and admitting to probate, the will of Maymie E. Whitmore who died testate August 31, 1954. Appellants contested the will on several grounds, one, — and the only one now considered, — being that the testatrix had made an oral agreement with appellants to leave her property to them. At the trial in Probate Court appellants sought specific performance of this alleged agreement. This appellants could not do in a court of Probate, their remedy for specific performance is in a court of equity. ‘ ‘ The Probate Court has no jurisdiction to grant equitable relief,” Carter v. Younger, 112 Ark. 483, 166 S. W. 547. See also 57 Am. Jur. 158, § 180; Annot., 69 A. L. R. 88. While it properly admitted the will to probate, the Probate Court lacked jurisdiction to decide the issue of specific performance of the alleged oral contract. The case must be and is remanded with directions that it be transferred to equity for further proceedings.
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Cite This Page — Counsel Stack
295 S.W.2d 624, 226 Ark. 1016, 1956 Ark. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrell-v-smith-ark-1956.