Ward v. Estate of Ward
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. J. N. Cypert, Circuit Judge. reporter’s STATEMENT. Ward purchased a town lot in Beebe, in White county, and had it conveyed to his wife; and afterwards made improvements on it at his own expense. After her death he made out his account for the.cost of the lot and improvements, and presented it to the. probate court for- allowance against her estate.
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APPEAL from White Circuit Court. Hon. J. N. Cypert, Circuit Judge. reporter’s STATEMENT. Ward purchased a town lot in Beebe, in White county, and had it conveyed to his wife; and afterwards made improvements on it at his own expense. After her death he made out his account for the.cost of the lot and improvements, and presented it to the. probate court for- allowance against her estate. The court rejected the claim, and he appealed to the circuit court, and there filed a formal complaint, setting up the above facts; to which the court sustained a demurrer filed by the heirs of the wife, and…
1Opinion of the Court
OPINION.
Eakin, J.
The effect of section 7, Article X, of the constitution of 1874, is to make all property thereafter acquired! by a woman who is, or may afterwards become, covert, her separate property, as effectually as if conveyed to her by deed to her separate use. It creates a statutory separate estate, with just the same powers, or nearly such, which married women had over trusts to their separate use in England, under the equity system there prevailing. There, a gift to the separate use of a married woman, gives her the same power of alienation over it as if she were a femme sole.…
2Cited by12 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Rinke v. WeedmanSupreme Court of Arkansas · 1960
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
- Wood v. WoodSupreme Court of Arkansas · 1911
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