Eagle v. Oldham
Supreme Court of Arkansas
Appeal from Lonoke Chancery 'Court; John E. Martineau, Chancellor; STATEMENT BY THE COUBT. The appellants brought ejectment against appellee to recover possession of three tracts of land situated in Lonoke County, Arkansas. The parties to this litigation claim under the will of Grov. James P. Eagle, who died a widower and childless, and undertook, by his will, to dispose of all property owned by him.
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Appeal from Lonoke Chancery 'Court; John E. Martineau, Chancellor; STATEMENT BY THE COUBT. The appellants brought ejectment against appellee to recover possession of three tracts of land situated in Lonoke County, Arkansas. The parties to this litigation claim under the will of Grov. James P. Eagle, who died a widower and childless, and undertook, by his will, to dispose of all property owned by him. By clauses 4 and 5 of his will he devised to his brothers and sisters and their .heirs, two large bodies of land, in the description of which several errors occurred. Among such errors were three…
1Opinion of the Court
Smith, J.,
(.after stating the facts). (1) The state of the evidence in this case leads to the conclusion that the beneficiaries under this will were correct in the original interpretation which they gave it in entering into the possession of their respective portions. But while we may feel sure of the testator’:s intention, we must gather that intention from the will itself. This idea has been expressed in a variety of ways by all the courts. But extrinsic evidence is generally held admissible in the interpretation of wills, not to show what the testator meant, as distinguished from what his…
2Cases cited5 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Patch v. WhiteSupreme Court of the United States · 1886
- Hammond v. HammondCourt of Appeals of Maryland · 1881
- Graves v. RoseIllinois Supreme Court · 1910
- Stewart v. StewartSupreme Court of Iowa · 1896
3Cited by26 opinions
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Ellsworth v. Arkansas Natl. Bk., TrusteeSupreme Court of Arkansas · 1937
- Park v. HollomanSupreme Court of Arkansas · 1946
- Murphy v. MorrisSupreme Court of Arkansas · 1940
- Abel v. DickinsonSupreme Court of Arkansas · 1971
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