under a ... will ... may have determined any .question of ... validity arising under the instrument ... and obtain a declaration of rights, status, or other legal relations thereunder.” Ark.Code Ann. § 16 — 111— 104. Whether a plaintiff may contest the validity of a will under the Arkansas declaratory judgment act is an issue of first impression. This Court has located no Arkansas authority that suggests an answer to this question. The most apposite federal authority is Kausch v. First Wichita Nat. Bank of Wichita Falls, Tx., 470 F.2d 1068, 1069 (5th Cir.1972). In Kausch, the plaintiff claimed that the federal court had jurisdiction to declare a will invalid in an action brought under the Texas declaratory judgment act. The language of Texas’s declaratory judgment act was identic 95) (<HOLDING>); Matter of Moerschel’s Estate, 86 Ill.App.3d
holding that an action under the illinois declaratory judgment act to void a will must be construed as a will contest that is governed by the laws controlling such contests in probate proceedings holding that the trial courts determination that the invalidity of an unprobated will under texass declaratory judgment act was not error where the action was joined with a probate action and multiple wills were before the court holding that an action challenging the validity of a will may not be brought under ohios declaratory judgment act holding that texass probate statute does not affect whether the probate exception to federal jurisdiction applies to a case holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment