Williams v. Cubage
Supreme Court of Arkansas
APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. Error to enter the opinion of the former judge as the judgment of the court, whilst another judge was presiding. 4 Green {Iowa). This court, without declaration of law being made below, may look into the bill of exceptions to see if the evidence sustains the judgment. 33 Ark., 651. Administrators liable only for ordinary care. The exceptions to the settlement were erroneously sustained.
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APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. Error to enter the opinion of the former judge as the judgment of the court, whilst another judge was presiding. 4 Green {Iowa). This court, without declaration of law being made below, may look into the bill of exceptions to see if the evidence sustains the judgment. 33 Ark., 651. Administrators liable only for ordinary care. The exceptions to the settlement were erroneously sustained. Bedfield on Law of Wills, vol. 3, mar. p. 394; 44 Mo., 356; lire. Ch., 92; 3 Lit. Ky.,111. It devolved upon the exceptors to show how…
1Opinion of the CourtEnglish, C. J.
It appears, from the transcript in this case, that on the eleventh of January, 1867, Thomas Williams filed his account for final settlement as administrator of the estate of Nathan Webb, deceased, in the probate court of Montgomery county.
It seems-that on the sixth of January, 1869, exceptions to the account were filed, but what, or by whom, does not appear.
On the eighth of April, 1870, exceptions to the account were filed on behalf of Charles G-. Pesha’.l, public administrator of the estate, and the guardian of the minor heirs of deceased.
On the seventh of January, 1876, the exceptions were…
2Cited by5 opinions
- Beard v. RothUnited States Circuit Court · 1888
- Shipman, Adm'r v. BrownSupreme Court of Oklahoma · 1913
- Caffey v. AllisonSupreme Court of Arkansas · 1913
- Parker v. StevensNew Jersey Court of Chancery · 1900
- England Loan Company v. CampbellSupreme Court of Arkansas · 1931