Arkansas Code Annotated

Ark. Code Ann. § 28-40-118 (2020)

Manner of taking testimony

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise.
  2. If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by testimony taken in the manner required for taking testimony in equity cases, or as the court may direct.

History. Acts 1949, No. 140, § 58; A.S.A. 1947, § 62-2119.

Case Notes

Cited: Baxter v. Peters, 2009 Ark. App. 807, 373 S.W.3d 340 (2009).

Notes of Decisions
Cited in 2 cases, 2000–2009 · leading case: Baxter v. Peters, 373 S.W.3d 340 (Ark. Ct. App. 2009).
Baxter v. Peters, 373 S.W.3d 340 (Ark. Ct. App. 2009). · cites it 2× “Arkansas Code Annotated section 28-40-118 (Repl.2004), further provides in pertinent part: 28-40-118.”
Carter v. Meek, 20 S.W.3d 417 (Ark. Ct. App. 2000). · cites it 3× “The subject will was initially admitted to probate with the testimony of the required witnesses being presented by proof-of-will affidavits, as permitted by Ark. Code Ann. § 28-40-118 (a) (1987). However, because a contest of the will was subsequently filed, § 28-40-118(b)…”
Ark. Code Ann. § 28-40-118(b): 1 case
Carter v. Meek, 20 S.W.3d 417 (Ark. Ct. App. 2000). “The subject will was initially admitted to probate with the testimony of the required witnesses being presented by proof-of-will affidavits, as permitted by Ark. Code Ann. § 28-40-118 (a) (1987). However, because a contest of the will was subsequently filed, § 28-40-118(b)…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.