Chisholm v. Crye
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. Nancy C. Chisholm died intestate in the State of Louisiana September 19, 1896. She left J. A. Chisholm, T. J. Chisholm, Miss Elmina Chisholm, and Mrs. M. J. Martin, her children and only heirs at law.
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Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. Nancy C. Chisholm died intestate in the State of Louisiana September 19, 1896. She left J. A. Chisholm, T. J. Chisholm, Miss Elmina Chisholm, and Mrs. M. J. Martin, her children and only heirs at law. Mrs. Nancy C. Chisholm had sold a tract of land in Faulkner County to Joseph A. Crye for a consideration of $200, evidenced by four purchase money notes of $50, due November 1, 1896, 1897, 1898, 1899, respectively. T. J. Chisholm was a minor when his mother died. He was born in May, 1884. This suit was…
1Concurrence
Hill, C. J.,
(concurring.) In my opinion heirs at law may sue for assets of an estate descended to them whenever they can successfully prove that their ancestor was free of debt and there existed no cause for administration.
The provision of the Code requiring the real parties in interest to bring actions should change the rule to the contrary announced in early cases. This principle was recognized in Crane v. Crane, 51 Ark. 287. The act of 1893 (section 15-19, Kirby’s Digest) covered other matters than the right of heirs to sue, .and as to this phase of it was only declaratory of existing law.…
2Cases cited1 opinion
- Crane v. CraneSupreme Court of Arkansas · 1888