Legal Opinion

Himes v. Sharp

Supreme Court of Arkansas

Decided March 20, 1916PublishedCited by 4 opinions

Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; STATEMENT BY THE COURT. At the December term, 1912, of the probate court for the Southern District of Sharp County, appellee, as administratrix of the estate of James Norris, deceased, filed for annual settlement her account current number 1, and same was continued until the next term. ' At the December term, 1913, of the probate 'Court, appellants, heirs of James Norris, deceased, filed exceptions tó…

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Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; STATEMENT BY THE COURT. At the December term, 1912, of the probate court for the Southern District of Sharp County, appellee, as administratrix of the estate of James Norris, deceased, filed for annual settlement her account current number 1, and same was continued until the next term. ' At the December term, 1913, of the probate 'Court, appellants, heirs of James Norris, deceased, filed exceptions tó the account and the cause was continued to the next term, “with leave granted administratrix to restate said account…

1Opinion of the Court

"Wood, J.,

(after stating the facts). The court erred in dismissing the appeal. The statute provides: “Any person interested as heir, legatee or creditor may file exceptions to such account, or any item thereof, on or before the second day of the term of said court to which such account may be continued; and, if exceptions are not filed within the time specified, such account shall be examined and confirmed as hereinbefore provided, and such account when confirmed shall never thereafter be subject to investigation, unless in a court of chancery,” etc. Kirby’s Digest, section 140.

(1-2) When…

2Cited by4 opinions

  1. Acker v. WatkinsSupreme Court of Arkansas · 1936
  2. Price v. PriceSupreme Court of Arkansas · 1973
  3. Sharp v. HimesSupreme Court of Arkansas · 1917
  4. Perrin v. LinerSupreme Court of Arkansas · 1917

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