Morris v. Stroude
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant filed á petition in the probate court, alleging that she was the owner of a judgment of allowance in favor of G. W. Morris, her husband, now deceased, against the estate of L. F. Tapscott, deceased, asking that the appellee administratrix be ordered to sell certain lands, describing them, which was the homestead of said L. F. Tapscott, who was survived by his widow and certain…
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant filed á petition in the probate court, alleging that she was the owner of a judgment of allowance in favor of G. W. Morris, her husband, now deceased, against the estate of L. F. Tapscott, deceased, asking that the appellee administratrix be ordered to sell certain lands, describing them, which was the homestead of said L. F. Tapscott, who was survived by his widow and certain minor children, now of age, for the payment of said judgment. A response was filed to said petition, denying there was a…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The jurisdiction of the probate court is confined to the administration of assets, which come under its control and incidentally to compel the discovery of assets and it has no jurisdiction to adjust partnership accounts between an executor or-administrator of a decedent and a surviving partner. Fowler v. Frazier, 116 Ark. 350; Choate v. O’Neal, 57 Ark. 299.
In this case, the testimony shows and the record of the allowance in the prohate court, that it was made upon the statement of account of the partnership business by the surviving partner, showing a…
2Cases cited2 opinions
- Fowler v. FrazierSupreme Court of Arkansas · 1915
- Choate v. O'NealSupreme Court of Arkansas · 1893
3Cited by1 opinion
- Butler v. NewsomSupreme Court of Arkansas · 1974