Causey v. Wolfe
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. Eugene A. Causey only took a life estate in the lands in section 16, remainder to his heirs, the plaintiffs. Kirby’s Digest, § 735; 116 Ark. 233; 67 Id. 517; 75 Id. 19; 95 Id. 18; 98 Id. 570. Neither the life tenant nor any court could defeat the rights of the remainder-men.
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Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. Eugene A. Causey only took a life estate in the lands in section 16, remainder to his heirs, the plaintiffs. Kirby’s Digest, § 735; 116 Ark. 233; 67 Id. 517; 75 Id. 19; 95 Id. 18; 98 Id. 570. Neither the life tenant nor any court could defeat the rights of the remainder-men. The life tenant could not convey to Tillar more than a life estate. 116 Ark. 233; 117 Id. 170-1. The whole will must be so construed as to give effect to it as a whole and carry out the intention of the testator. 116 Ark. 574. The decree in Causey v. Williams…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The principal question as stated by counsel for the appellants is: “Did Eugene A. Causey at the time of his conveyance to T. F.-Tillar have a life estate or an estate in fee simple in the east half and the northeast quarter of the southwest quarter of section 16, township 11 south, range 3 west?”
The chancery court was correct in finding that Eugene A. Causey acquired title in fee to these lands “by virtue of the decree of the chancery court of Desha County in the case of Eugene A. Causey v. Alice and Laura Williams. The decree of the court in that case…
2Cases cited12 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Jones v. GardnerNew York Supreme Court · 1813
- Young v. CrawfordSupreme Court of Arkansas · 1907
- Pinkston v. HuieSupreme Court of Alabama · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Murphy v. GravesSupreme Court of Arkansas · 1926
- Bowman v. McFarlinCourt of Appeals of Arkansas · 1981
- Russell v. PaganSupreme Court of Arkansas · 1925
- Graves v. Simms Oil CompanySupreme Court of Arkansas · 1934
1 more not listed; retrieve them via the Exa API.