Legal Opinion

Williams v. Nichol

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 21 opinions

APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. There was no jurisdiction in the court below, neither over the subject nor the parties, and if the court did have jurisdiction there was no equity in the bill. The will was made in Tennessee, and the testator domiciled there. The estate was domiciled in Tennessee and was being administered there. No debts are shown to be due in this state, to necessitate an ancillary administration.

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APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. There was no jurisdiction in the court below, neither over the subject nor the parties, and if the court did have jurisdiction there was no equity in the bill. The will was made in Tennessee, and the testator domiciled there. The estate was domiciled in Tennessee and was being administered there. No debts are shown to be due in this state, to necessitate an ancillary administration. Had there been our courts would have control for the purpose of payment of such debts, but not for the payment of foreign…

1Opinion of the CourtBattle, J.

Willoughby Williams died, at his late residence in the State of Tennessee, on the 8th day of December, 1882, leaving a last will and testament, which was duly admitted to probate, in the State of Tennessee, and in the county of Jefferson in this state. He devised by his will, to his son, McH. Williams, his plantation in Jefferson county, Arkansas, known as the “ Bankhead Place,” and charged it with legacies to his children and grandchildren, as follows: He directed McH. Williams to pay to his son John H. Williams, as trustee for his daughter Nannie W. Nichol (the plaintiff), wife of C. A.…

2Cases cited9 opinions

  1. Brown v. . KnappNew York Court of Appeals · 1879
  2. Harris v. FlyNew York Court of Chancery · 1839
  3. Wood v. WoodNew York Supreme Court · 1858
  4. McLachlan v. McLachlanNew York Court of Chancery · 1842
  5. Dodge v. . ManningNew York Court of Appeals · 1848

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3Cited by21 opinions

  1. Beauchamp v. BertigSupreme Court of Arkansas · 1909
  2. Sharp v. SharpSupreme Court of Oklahoma · 1916
  3. Mohn v. MohnSupreme Court of Iowa · 1910
  4. Franz v. BuderCourt of Appeals for the Eighth Circuit · 1929
  5. Tolley v. TolleySupreme Court of Arkansas · 1946

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