Cole v. Hall
Supreme Court of Arkansas
Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The question of trust relation is not involved here.
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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The question of trust relation is not involved here. An administrator is a trustee, but his sureties -are not; and if they were trustees, that relation would cease at their death. 33 Ark. 662; 45 Ark. 303; 23 Ark. 604; 39 Ark. 577. At the death of Cole and Parks, liabilities of the administrator for which they were responsible became claims against their, estates, and anything that would bar other claims would bar them. 45 Ark. 495; 39 Ped. 373. Sureties’ liabilities are strictly construed in their favor, both in law and…
1Opinion of the CourtBattre, J.
This is the fifth time the estate of Samuel Dickens, deceased, has been involved in suits before this court.
Dickens died intestate on the second day of March, 18.67. W. D. Jacoway administered on his estate, filed an inventory, and made settlements, respectively, on the 19th of May, 1868, on the 7th of July, 1869, on the 14th of April, 1870, and the 5th of July, 1871, all of which were approved and confirmed. Subsequently, on the 15th of April, 1875, he filed a fifth settlement, in lieu of the four former ones; purporting to render an account and statement of his administration down to that…
2Cases cited4 opinions
- Fargason v. EdringtonSupreme Court of Arkansas · 1887
- Berton v. AndersonSupreme Court of Arkansas · 1892
- Hall v. ColeSupreme Court of Arkansas · 1903
- Wallace v. SwepstonSupreme Court of Arkansas · 1905
3Cited by7 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- Yale Oil Corp. v. SedlacekMontana Supreme Court · 1935
- Madison v. BuhlIdaho Supreme Court · 1932
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