Osborn v. Bryant, No. CA 08-589
Lacy Bryant died in 1994, leaving a will that allowed a life estate for his wife in a twenty-acre tract of land, with an option to purchase to Brenda Bryant Osborn. Ms. Osborn filed an affidavit for collection of small estate and attached Mr. Bryant’s will. She later executed an “Administrator’s Deed,” which conveyed the property as outlined in the will.
After Mr. Bryant’s widow died, other members of the family filed a declaratory judgment action, seeking to have Mr. Bryant’s will and the “Administrator’s Deed” declared invalid. The other family members argued that, because the will itself was never probated, the will and the deed were nullities under Ark. Code Ann. 28-40-104. The trial court agreed.
On appeal, the Arkansas Court of Appeals explained that small-estate proceedings were exempted under Ark. Code Ann. 28-40-104. By specifically exempting such estate proceedings, the Arkansas legislature intended that such a will could be offered as evidence of a devise of real property. Accordingly, the court reversed the trial court’s ruling.
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