McElwee v. McElwee
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The land was ancestral and not a new acquisition and the intestate had never abandoned it as a homestead. 71 Ark. 594; 54 Id. 11; Thompson on Homesteads, § 2251; 33 Ark. 399; 31 Id. 145; 29 Id. 280; 41 Id. 94. If John C. McElwee abandoned his homestead in 1911 his widow could not re-establish after his death by moving back on it after his death.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The land was ancestral and not a new acquisition and the intestate had never abandoned it as a homestead. 71 Ark. 594; 54 Id. 11; Thompson on Homesteads, § 2251; 33 Ark. 399; 31 Id. 145; 29 Id. 280; 41 Id. 94. If John C. McElwee abandoned his homestead in 1911 his widow could not re-establish after his death by moving back on it after his death. Cases supra; 101 Ark. 296; 107 Id. 535; 73 Id. 266; 104 Id. 637. 2. Under the testimony the 80-acre tract, the east half southwest quarter, section 11, was ancestral and the widow is only…
1Opinion of the CourtSmith, J.
Appellee is the widow of John C. McElwee, who died intestate and without issue, and appellants are his collateral beirs; and the litigation involves the division of his estate. The points at issue have narrowed until only two remain to be decided.
The' first question is whether east half southwest quarter, section 11, township 7 north, range 20 west, owned by the intestate at the time of his death, was ancestral or a new acquisition. The point is, of course, that if the land was a new acquisition the widow takes a half interest in fee, while if ancestral she takes a half interest for life.
The…
2Cases cited1 opinion
- Martin v. MartinSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Dowell v. DowellSupreme Court of Arkansas · 1944
- Beard v. BeardSupreme Court of Arkansas · 1921
- Eason v. HighleySupreme Court of Arkansas · 1930
- Webb v. CaldwellSupreme Court of Arkansas · 1939