McMillon v. Lost Cherokee of Arkansas and Missouri, Inc. — Probate Case

Strange little case involving the Lost Cherokee of Arkansas and Missouri, Inc. — here is the opinion, which will be published in the Southwest Reporter. From the majority opinion:

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:

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