Heiseman v. Lowenstein
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellants, as executors of the will of Abe Stiewel, deceased, instituted this action in the. chancery court against appellees, who are devisees and legatees under the will. The object of the complaint is to have a construction of the will and the directions of this court as to the duty and power of the executors in selling, mortgaging, and leasing the lands of their testator.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellants, as executors of the will of Abe Stiewel, deceased, instituted this action in the. chancery court against appellees, who are devisees and legatees under the will. The object of the complaint is to have a construction of the will and the directions of this court as to the duty and power of the executors in selling, mortgaging, and leasing the lands of their testator. Abe Stiewel died in Little Rock, Pulaski County, Arkansas, on the 25th day of August, 1913, and the will was duly admitted to…
1Opinion of the Court
Hart J.
(after stating the facts). In the case of Williamson v. Grider, 97 Ark. 588, the court said:
“Where a trust is created by a will, a court of equity has jurisdiction to construe the will. The power is incident to the jurisdiction which courts of chancery have over trusts. And this upon the theory that ‘as chancery will compel the performance of trusts, so it will assist trustees and protect them in the due performance'of the trusts, whenever they seek the aid and discretion of the court as to its establishment, management, and execution. ’ ’
So, also, in the ease of Davis v. Whittaker, 38…
2Cases cited6 opinions
- Willis v. SmithTexas Supreme Court · 1886
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Williamson v. GriderSupreme Court of Arkansas · 1911
- Gregory v. WelchSupreme Court of Arkansas · 1909
- Davis v. WhittakerSupreme Court of Arkansas · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ball v. BallWest Virginia Supreme Court · 1952
- LeFlore v. HandlinSupreme Court of Arkansas · 1922
- Jesseph v. LeveridgeSupreme Court of Arkansas · 1943
- Layman v. HodnettSupreme Court of Arkansas · 1943
- Fergusson v. FergussonSupreme Court of Arkansas · 1921
8 more not listed; retrieve them via the Exa API.