Hysmith v. Patton
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court. Edward D. Robsrtson, Chancellor. Suit by E. J. Hysmith and others against T. J. Patton, executor of Jane Hysmith, and others. Both parties have appealed. The will gave Jane Hysmith a life estate. 53 N. Y. 351; 95 U. S. 594; 51 Ark. 61. Plaintiffs are not barred. 60 Ark. 70; 58 Ark. 510; 53 Ark. 400; Wood, Him. 528. There was no fraud in the sale ordered by the probate court. Sand. & H. Dig. § 197. The statute of limitations applies.
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Appeal from Woodruff Chancery Court. Edward D. Robsrtson, Chancellor. Suit by E. J. Hysmith and others against T. J. Patton, executor of Jane Hysmith, and others. Both parties have appealed. The will gave Jane Hysmith a life estate. 53 N. Y. 351; 95 U. S. 594; 51 Ark. 61. Plaintiffs are not barred. 60 Ark. 70; 58 Ark. 510; 53 Ark. 400; Wood, Him. 528. There was no fraud in the sale ordered by the probate court. Sand. & H. Dig. § 197. The statute of limitations applies. Sand. & H. Dig. § 4818. The sale was a judicial one. 47 Ark. 419; 54 Ark. 641; 46 Ark. 25. After a fee is devised, it cannot…
1Opinion of the CourtBattue, J.
William Hysmith in his lifetime owned a homestead consisting of lot No. 12 of the southwest quarter of the northwest quarter of section 3, in township 4 north, range 3 ■west, in Woodruff county, in this state. He also owned personal property. On the 3d day of February, 1876, he made his last will and testament as follows:
“First, I will my body to the mother earth and my soul to the God who gave it. I hereby will and bequeath and devise all and singular my personal and real estate as follows: After paying all my just debts and burial expenses, I will that the residue of my personal effects go…
2Cited by6 opinions
- Union Trust Company v. MadiganSupreme Court of Arkansas · 1931
- Greenlee v. RowlandSupreme Court of Arkansas · 1908
- Anderson v. SheltonNorth Dakota Supreme Court · 1958
- Satariano v. GallettoCalifornia Court of Appeal · 1944
- Scott v. DishoughSupreme Court of Arkansas · 1907
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