Kitchens v. Jones
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; •Hance N. Hutton, Judge; 1. This case calls for a construction of sec. 3, Kirby’s Digest. It was held, 33 Ark. 824, that the word “estate,” mentioned in sec. 3, Mansfield’s Digest, signified the entire estate, real and personal of the deceased; but thereafter the present act was passed, repealing the former act (70 Ark. 25) and limiting the allowance of $300 to the widow out of the personal estate only.
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Appeal from Phillips Circuit Court; •Hance N. Hutton, Judge; 1. This case calls for a construction of sec. 3, Kirby’s Digest. It was held, 33 Ark. 824, that the word “estate,” mentioned in sec. 3, Mansfield’s Digest, signified the entire estate, real and personal of the deceased; but thereafter the present act was passed, repealing the former act (70 Ark. 25) and limiting the allowance of $300 to the widow out of the personal estate only. Id. 2. The estate of a mortgagor of land, the equity of redemption, is an estate in land. 11 Am. & Eng. Enc. of L. (2 Ed.), 210, 211; 6 Ark. 269, 274; 18…
1Opinion of the CourtHill, C. J.
John Jones died in April, 1906, leaving a widow and children, some of whom were minors. At the time of his death he was the owner of certain real estate in the city of Helena, which was incumbered by a deed of trust. Default had occurred in the performance of the conditions of the deed of trust before his death, and after his death the deed was foreclosed in the chancery court, the property sold by a commissioner of the court to satisfy the mortgage debt. The proceeds of the sale paid off the mortgage, and left a surplus of $554.57, which was turned over by the commissioner in chancery to…
2Cases cited7 opinions
- Lenow v. FonesSupreme Court of Arkansas · 1886
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- Turner v. DavisSupreme Court of Arkansas · 1883
- Wilson v. MassieSupreme Court of Arkansas · 1901
- French v. VanattaSupreme Court of Arkansas · 1907
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3Cited by5 opinions
- Atkinson v. Van EchauteSupreme Court of Arkansas · 1963
- Hill v. DaySupreme Court of Arkansas · 1960
- Roy v. RoySupreme Court of Alabama · 1937
- Mapleton Trust & Savings Bank v. WilsonSupreme Court of Iowa · 1934
- Davis v. McCandlessSupreme Court of Arkansas · 1917