Galloway v. Darby
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The court had jurisdiction, plaintiff being in possession. 50 Ark. 562. 2. On the death of the devisee, Mrs. Darby, in the lifetime of the testatrix, the devise lapsed and passed to the residuary legatee. Jarman on Wills, p. 617, 1 Am. Ed; 18 A. & E. Enc. of L. 748; 2 Redf. on Wills, 157; 2 Williams on Ex. 496. The rule is changed as to a child or descendant by § 8022, Kirby’s Dig.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The court had jurisdiction, plaintiff being in possession. 50 Ark. 562. 2. On the death of the devisee, Mrs. Darby, in the lifetime of the testatrix, the devise lapsed and passed to the residuary legatee. Jarman on Wills, p. 617, 1 Am. Ed; 18 A. & E. Enc. of L. 748; 2 Redf. on Wills, 157; 2 Williams on Ex. 496. The rule is changed as to a child or descendant by § 8022, Kirby’s Dig. Mrs. Darby was not a descendant. For constructions of similar statutes, see 18 A. & E. Ency. Law 756; 89 Ind. 529; 7 N. J. Eq. 462; 1 Bradf.…
1Opinion of the CourtMcCulloch, C. J.
The merits of this controversy involve the construction of the last will and testament of Elizabeth S. Shall, who died in the city of Little Rock on March 23, 1908, the owner of a large estate, consisting mostly of valuable lands, city and farm property. The will was executed January 17, 1898, and on April 14, 1905, she added a codicil. The preamble or introductory clause of the will reads as follows:
“I, Elizabeth S. Shall, of the city of Little Rock, county of Pulaski, State of Arkansas, being in good bodily health and of sound and disposing mind and memory, calling to mind the frailty and…
2Cases cited22 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
- In Re Estate of UphamCalifornia Supreme Court · 1899
- Booe v. VinsonSupreme Court of Arkansas · 1912
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3Cited by39 opinions
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- Powell v. HayesSupreme Court of Arkansas · 1928
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