Flowers v. Reece
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; STATEMENT BY THE COURT. This is an action instituted by John IT. Reece, administrator of the estate of King B. Flowers, deceased, against Matt Picchi, Vincent Picchi, Dominick Picchi, B. C. Truman and Amanda Truman upon bonds alleged to have been executed by them as the purchase price for real estate purchased by them at administrator’s sale.
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Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; STATEMENT BY THE COURT. This is an action instituted by John IT. Reece, administrator of the estate of King B. Flowers, deceased, against Matt Picchi, Vincent Picchi, Dominick Picchi, B. C. Truman and Amanda Truman upon bonds alleged to have been executed by them as the purchase price for real estate purchased by them at administrator’s sale. Josephine Flowers, a minor and the sole heir at law of the said King B. Flowers, deceased, and Linnie Blewett, the mother and guardian of said minor, were also made defendants to the suit.…
1Opinion of the Court
Hart, J.,
(after stating the facts.) This case is ruled by the case of Collins v. Paepcke-Leicht Lumber Co., 74 Ark. 81. In that case it was held (quoting syllabus) :
1. “Under Kithy’s Digest, § 186, providing that 'lands and tenements shall be assets, in the hands of every executor or administrator for the payment of debts of the testator or intestate,’ if there are no debts due by the decedent, there can be no sale of his real estate to pay expenses of administration thereon, unless it appears that the expenses were incurred in the course of administering the estate to pay debts due…
2Cases cited1 opinion
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
3Cited by9 opinions
- In re Stinger EstateMontana Supreme Court · 1921
- Kulbeth v. Drew County Timber Co.Supreme Court of Arkansas · 1916
- Hardy v. HiltonSupreme Court of Arkansas · 1947
- Massey v. DokeSupreme Court of Arkansas · 1916
- Sewell v. ReedSupreme Court of Arkansas · 1934
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