Turley v. Evins
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On March 5,1912, Dr. J. E. Stone, late of St. Francis County, made a will which was signed and witnessed in the usual form and seven days later he died, and a few days thereafter the will was filed for probate before the probate clerk of that county.
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On March 5,1912, Dr. J. E. Stone, late of St. Francis County, made a will which was signed and witnessed in the usual form and seven days later he died, and a few days thereafter the will was filed for probate before the probate clerk of that county. On April 11, 1912, Mrs. Eula Horn filed her “protest and contest,” which was shortly thereafter heard by the probate court in connection with a petition for the appointment of an administrator pending the contest. The probate court dismissed the contest,…
1Opinion of the Court
Smith, J.,
(after stating tbe facts). Tbe first question is tbe right of administration pending tbe contest. Section 13 of Kirby’s Digest provides that if tbe validity of any will be contested, letters of administration shall be granted during tbe time of such contest to some person other than tbe executor, who shall take charge of tbe property and administer tbe same under tbe direction of tbe court and account for, pay and deliver all moneys and property of tbe estate to tbe executor or regular administrator when qualified to act. It appears from tbe record that Mrs. Evins consented to tbe…
2Cases cited6 opinions
- Calloway v. CossartSupreme Court of Arkansas · 1885
- Carpenter v. JonesSupreme Court of Arkansas · 1905
- St. Joseph's Convent v. GarnerSupreme Court of Arkansas · 1899
- Ludlow v. FlournoySupreme Court of Arkansas · 1879
- Steward v. ScottSupreme Court of Arkansas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dodd v. HoldenSupreme Court of Arkansas · 1943
- Lewis v. BurrowCourt of Appeals of Tennessee · 1939
- Thomason v. LedgerwoodSupreme Court of Arkansas · 1947