Legal Opinion

Brogan v. Brogan

Supreme Court of Arkansas

Decided January 30, 1897PublishedCited by 10 opinions

Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. Joseph Brogan, a resident of Sebastian county, died in 1873, leaving an estate of real and personal property.

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Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. Joseph Brogan, a resident of Sebastian county, died in 1873, leaving an estate of real and personal property. His brother, H. C. Brogan, who was also an heir, was appointed administrator of his estate in November, 1873. The assets of the estate have now been exhausted, with the exception of a lot in the city of Fort Smith, and a farm in the county of Sebastian, but a portion of the debts of the estate are still unpaid. This proceeding was brought October 10, 1894, in the probate court, by…

1Opinion of the CourtRiddick, J.

(after stating- the facts.) This is a proceeding- by certain heirs of an intestate to compel the administrator of his estate to make a final settlement and close the administration. Of the property of the estate there remains undisposed of only a town lot and a farm. As a reason for requiring- a final settlement, it was alleged in the petition filed by the heirs that the rights of the administrator and creditors were barred as to this remaining real estate by laches and lapse of time. This allegation was denied by the administrator and creditors, who were allowed to become parties to the…

2Cases cited3 opinions

  1. Tryon v. FarnsworthWisconsin Supreme Court · 1872
  2. McWillie v. Van VacterMississippi Supreme Court · 1858
  3. Roth v. HollandSupreme Court of Arkansas · 1892

3Cited by10 opinions

  1. Fischer v. SklenarNebraska Supreme Court · 1917
  2. Flowers v. FlowersSupreme Court of Arkansas · 1905
  3. Miller v. ClausenCourt of Appeals for the Eighth Circuit · 1924
  4. Field v. TynerSupreme Court of Arkansas · 1924
  5. Black v. RobinsonSupreme Court of Arkansas · 1902

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