This appeal arises from a petition to clarify a will filed by First State Bank in which it asked the court to clarify several issues, including whether the references in the will of Opal Gefon to “savings and checking account” and “remainder of my savings and checking” included the cash located in the decedent’s safety deposit box. Appellants, heirs of the decedent Opal Gefon, assert only one point of error on appeal: The trial court was clearly erroneous in finding that appellee Lost Cherokee of Arkansas and Missouri, Inc. was entitled to the $226,000 in cash located in the decedent’s safety deposit box at the time of her death. We find no error and affirm.
The dissent seems to have a point:
The majority affirms the trial court’s decision that the phrases “checking and savings account” and “remainder of my savings and checking” in a holographic will included $226,000 in cash that was stored in the testator’s safe-deposit box. I would reverse because those phrases can only be reasonably interpreted to dispose of the contents of the testator’s banking accounts and because the trial court’s interpretation of the provisions of the will runs contrary to Arkansas law defining “safe-deposit box” and “account .”
This non-recognized tribe has at least petitioned for federal recognition, see 64 Fed. Reg. 67585. They’ll need the quarter million.