Chase v. Cartright
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. 1. Under the will the executors had no power to sell the lands. They were to be kept, and the income disbursed as prescribed by the will. Schouler, Ex. & Adm., secs. 212, 509; Mansf. Dig., ch. 1, sec. 14; 29 Ark., 418; Perry on Trusts, secs. 764-6-7. 2. Cannavan alone could not execute a valid deed to Hodges, and his deed passed no title.
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APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. 1. Under the will the executors had no power to sell the lands. They were to be kept, and the income disbursed as prescribed by the will. Schouler, Ex. & Adm., secs. 212, 509; Mansf. Dig., ch. 1, sec. 14; 29 Ark., 418; Perry on Trusts, secs. 764-6-7. 2. Cannavan alone could not execute a valid deed to Hodges, and his deed passed no title. Perry on Trusts, secs. 783, 343,496, 497.499, 5°5; 31 Ark., 539; 4Edw.,Chy., 613; 6 Johns., 73; Mansf' Dig., sec. 647. 3. Asa Hodges had been appointed administrator in Arkansas of the…
1Opinion of the CourtHemingway, J.
The appellants, as residuary devisees and legatees under the will of Daniel Hughes, deceased, brought this suit.
Daniel Hughes died resident in Shelby county, Tennessee, •on the 10th of February, 1862, seized of the land in controversy. By last will, which was duly admitted to probate in that county in March, 1862, he disposed of his estate as follows: “All my real and personal estate I give in trust to my executors for the purpose of disposing of it to the best of their judgment, for the.support and education of my two ■children, the children of Eliza Darragh, and the support of the said…
2Cases cited8 opinions
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- Mason v. MasonMassachusetts Supreme Judicial Court · 1885
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3Cited by13 opinions
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- Owen v. DumasSupreme Court of Arkansas · 1940
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