Horton v. Hilliard
Supreme Court of Arkansas
Appeal from Chicot Circuit Court. Carroll D. Wood, Judge. 1. The widow is entitled to dower, and to homestead in addition thereto; and she has a right to select her homestead, and require the commissioners to lay off dower in the balance of the lands, so as not to include the homestead. Mansf. Dig. secs. 2571, 2590 ; 47 Ark. 455; 40 id. 26, 27; 33 Yt. 651; 31 Ark. 145-9, 150; 33 id. 399; 40 id. 17; 47 id. 510; Const.
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Appeal from Chicot Circuit Court. Carroll D. Wood, Judge. 1. The widow is entitled to dower, and to homestead in addition thereto; and she has a right to select her homestead, and require the commissioners to lay off dower in the balance of the lands, so as not to include the homestead. Mansf. Dig. secs. 2571, 2590 ; 47 Ark. 455; 40 id. 26, 27; 33 Yt. 651; 31 Ark. 145-9, 150; 33 id. 399; 40 id. 17; 47 id. 510; Const. Ark. art. 9, sec. 6 42 Ark. 503. The dower-and homestead rights are cumulative. Smyth, H. & Bx. pp. 286, 292; Thomps. Homesteads, sec. 555 et.seq; 41 Ala. 327; 42 id. 315 ; 48…
1Opinion of the Court
John B. Jones, Special Judge.
Isaac H. Hilliard died, intestate, in 1882, leaving him surviving appellant, his widow, and no children, but leaving a brother and the children of a deceased sister his heirs at law. Hilliard, at the time of his death, owned and lived upon a plantation of about 3000 acres in Chicot county. Application was made to the probate court for the assignment of dower, and an order made appointing commissioners in October, 1884, and the commissioners did not act until October, 1885. They then reported to the court an assignment of dower, and the report was at once approved.…
2Cases cited4 opinions
- Chisolm v. Chisolm's ExecutorsSupreme Court of Alabama · 1867
- Johnston v. DavenportSupreme Court of Alabama · 1868
- Hilliard v. HilliardSupreme Court of Arkansas · 1889
- Cowdrey v. CowdreyMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Herndon v. AndersonSupreme Court of Oklahoma · 1933
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Martin v. ConnerSupreme Court of Arkansas · 1914
- Wallace v. KingSupreme Court of Arkansas · 1943
- Ex parte GroomsSupreme Court of Arkansas · 1912
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