# Park v. George

> Supreme Court of Arkansas · April 2, 1984 · 282 Ark. 155

URL: https://www.frixlaw.com/law-library/cases/9674921

## Case

- **Full name:** Colleene B. PARK, Margaret B. “Polly” SMITH, W. T. BUCK, Sr. and Malcolm BUCK v. Conway GEORGE, Personal Representative of the Estate of Myrtle ROGERS
- **Court:** Supreme Court of Arkansas
- **Decided:** April 2, 1984
- **Citations:** 282 Ark. 155; 667 S.W.2d 644; 1984 Ark. LEXIS 1600
- **Precedential status:** Published
- **Opinion:** Dissent by Hickman
- **Judges:** Purtle, Adkisson, Smith, Rose, Hickman
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9674921

## Opinion text

Darrell Hickman, Justice, dissenting. The majority has succumbed to the temptation to retry this case. The fact that we review a case de novo from the probate court does not mean that we substitute our judgment for that of the judgment of the trial court. The legal argument made on appeal that the trial court applied the wrong legal standard regarding the burden of proof, was not presented to the trial court and is presented to us for the first time. I cannot say from the record what standard the trial court applied; therefore, I can only examine his findings to see if they are clearly wrong. ARCP Rule 52. I cannot say he was wrong from this record. There is an abundance of testimony that could be recited, if we were of a mind to, to justify upholding the probate judge’s finding that the proponents of the will met their burden of proof. There was strong testimony that the testatrix was of sound mind, knew exactly what she was doing, and was not influenced in any way by those alleged to have influenced her. The role of W. B. Guthrie is insignificant, because in either will he was to receive the same bequest.
Adkisson, C.J. and George Rose Smith, J. join.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674921. Public record. Not legal advice.