Legal Opinion

Word v. West

Supreme Court of Arkansas

Decided November 15, 1881PublishedCited by 5 opinions

APPEAL from Arkansas Circuit Court. Hon. X. J. Pindall, Circuit Judge. STATEMENT. This is an action by an administrator to recover from the second husband of the widow, after her death, a lot of personal property which had belonged to the first husband, and which she had retained. The property consisted of stock, and their increase, farmingimplements, and household furniture.

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APPEAL from Arkansas Circuit Court. Hon. X. J. Pindall, Circuit Judge. STATEMENT. This is an action by an administrator to recover from the second husband of the widow, after her death, a lot of personal property which had belonged to the first husband, and which she had retained. The property consisted of stock, and their increase, farmingimplements, and household furniture. There had been no administration on the estate of the first husband until about the death of the widow, some seven years after, when letters were obtained shortly before commencing this suit against the second. The…

1Opinion of the CourtEakin, J.

OPINION.

It will serve no useful purpose to criticise in detail the long list of declarations of law asked upon both sides, some of which were given and others refused. The facts as found were well supported by the evidence, and the law, as applicable to them, is as follows :

The action was not barred by the Statute of Limitations. It arose, if at all, after the death of the intestate, and as the Statute had not commenced to run in his lifetime, it would not begin until, a personal representative might be in existence competent to sue. McCustian v. Ramsy, 33 Ark., 141.

The value of the estate…

2Cited by5 opinions

  1. Chisholm v. CryeSupreme Court of Arkansas · 1907
  2. Perryman v. WoodwardSupreme Court of Oklahoma · 1912
  3. Bertig v. HigginsSupreme Court of Arkansas · 1909
  4. Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  5. Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896

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