Caroline Louise Langston v. Tony Langston, Administrator; Heirs of Donald Ray Langston, Deceased; Estate of Donald Ray Langston, Deceased

Summary

The Arkansas Supreme Court held that a holographic will provision favoring the decedent's wife was revoked by operation of law under Arkansas Code Annotated § 28-25-109(b) after the couple's divorce. The court concluded that the divorce was finalized when the decree was filed, not when the settlement was announced from the bench, and affirmed summary judgment for the estate administrator and heirs.

Holdings

1. Arkansas Code Annotated section 28-25-109(b) revoked the holographic will's provision in favor of Caroline because Donald made the will while Caroline was his spouse and was divorced afterward. The revocation operated by law regardless of Donald's testamentary intent.
2. The divorce became effective on May 23, 2000, when the decree was filed and entered, not on March 20, 2000, when the settlement was announced from the bench.
3. Summary judgment and declaratory relief in favor of Tony Langston and the heirs were proper because the material facts were undisputed and the statute required revocation of the bequest as a matter of law.

Questions Presented

1. Whether Arkansas Code Annotated section 28-25-109(b) revoked the holographic will's bequest to the decedent's spouse when the will was executed before the divorce decree was entered but after divorce proceedings had begun.
2. Whether the divorce was effective on March 20, 2000, when the settlement was announced from the bench, or on May 23, 2000, when the divorce decree was filed and entered.
3. Whether the circuit court properly granted summary judgment and declaratory relief in favor of the heirs.

Disposition

affirmed