Stewart v. Thomasson
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver, Chancellor; 1. Appellees’ claim is barred by the statute of nonclaims, the same not having been presented to T. J. Stewart’s administrator for allowance and classification within two years as required by the statute.
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Appeal from Clark Chancery Court; James D. Shaver, Chancellor; 1. Appellees’ claim is barred by the statute of nonclaims, the same not having been presented to T. J. Stewart’s administrator for allowance and classification within two years as required by the statute. Kirby’s Dig. § § 113, 114; 39 Ark. 577, syllabus; 23 Ark. 604; 45 Ark. 299, 302-3; 49 Ark. 76, 82; 54 Ark. 33; 61 Ark. 528, 548; 66 Ark. 327, 330; 187 U. S. 211; 14 Ark. 246; 18 Ark. 334, syllabus; 113 U. S. 449, syllabus; 33 Ark. 658; 45 Ark. 495; 15 Ark. 412. 2. This was not a contingent or inchoate claim. The trust estate was…
1Opinion of the CourtMcCueeocit, C. J.
David Stewart died in the year 1875, leaving an estate in Clark County, Arkansas, consisting of lands and personalty, which he devised and bequeathed in equal shares to his wife and seven children, after making specific bequest of a sum of money and certain articles to his wife. His son, T. J. Stewart, and son-in-law, E. G. Wilder were named as executors of the will. He added a codicil to his will directing that the share of his daughter, Mary A. Thomasson, should be safely invested by the executors of the will, and the income therefrom, or so much thereof as she should demand, be annually…
2Cases cited9 opinions
- Walker v. ByersSupreme Court of Arkansas · 1853
- Morgan v. HamletSupreme Court of the United States · 1885
- Hill v. StateSupreme Court of Arkansas · 1861
- Purcelly v. CarterSupreme Court of Arkansas · 1885
- Bennett v. Dawson adx.Supreme Court of Arkansas · 1857
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3Cited by4 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Wolfe v. HerndonSupreme Court of Arkansas · 1962