Merrell v. Smith
Cases that cite this one
13 later published cases cite this decision.
- Guess v. Going (Ark. Ct. App. 1998)
- Bratcher v. Bratcher (Ark. Ct. App. 1991)
- Estate of Puddy v. Gillam (Ark. Ct. App. 1990)
- Ratterree v. White (Ark. 1982)
- Hall v. Hall (Ark. 1981)
- McDermott v. McAdams (Ark. Ct. App. 1980)
- Hilburn v. First State Bank of Springdale (Ark. 1976)
- Arkla Chemical Corp. v. Palmer (Ark. 1971)
- Morton v. Yell (Ark. 1965)
- Schnedler v. Heller (Ark. 1959)
- McCargo v. Steele (United States District Court for the Western District of Arkansas 1958)
- Davis v. Davis (Ark. 1957)
- Merrell v. Smith (Ark. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.