Earl v. Earl
Supreme Court of Arkansas
Appeal from Conway- Chancery Court; Jordan Sellers, Chancellor; STATEMENT OF EAOTS. This suit was brought in equity by Wilma Earl, as widow, against the heirs at law of O. I). Earl, deceased, to have her dower allotted to her. O. D. Earl died intestate on September 1, 1919, in Conway County, Ark., owning the property involved in this controversy, which is situated in said county.
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Appeal from Conway- Chancery Court; Jordan Sellers, Chancellor; STATEMENT OF EAOTS. This suit was brought in equity by Wilma Earl, as widow, against the heirs at law of O. I). Earl, deceased, to have her dower allotted to her. O. D. Earl died intestate on September 1, 1919, in Conway County, Ark., owning the property involved in this controversy, which is situated in said county. He left no lineal descendants, but was survived by his widow, who is the plaintiff, and by his brothers, the defendants, who are his sole heirs at law. It was the contention of the widow that certain of the property…
1Opinion of the CourtHart, J.
(after stating the facts). Under section 2709 of Kirt^'s Digest, if the husband dies leaving a widow and no children, such widow shall be endowed in fee simple of one-half of the real estate where said estaféis a new acquisition and not an ancestral estate, provided that if the real estate of the husband be an ancestral estate, she shall be endowed in a life estate of one-half thereof as against collateral heirs.
There was a dispute between the widow and the brothers of the decedent, who are also his heirs at law, as to whether certain town lots and forty acres of land in the country were an…
2Cases cited7 opinions
- Martin v. MartinSupreme Court of Arkansas · 1911
- Gainus v. CannonSupreme Court of Arkansas · 1884
- Berry v. MeirSupreme Court of Arkansas · 1902
- Armington v. ArmingtonIndiana Supreme Court · 1867
- Hill v. HeardSupreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chastain v. Arkansas Bank & Trust Co.Supreme Court of Arkansas · 1923
- Sherman v. ShermanSupreme Court of Arkansas · 1923
- Beard v. BeardSupreme Court of Arkansas · 1921
- Eason v. HighleySupreme Court of Arkansas · 1930