Little v. Arkansas Trust & Banking Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo B. Haynie, Judge; 1. The trustees had ho standing under the law to administer .the estate.
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Appeal from Miller Circuit Court; Geo B. Haynie, Judge; 1. The trustees had ho standing under the law to administer .the estate. Kirby’s Digest, § § 1-12, 25, 54; 39 Cye. 249, et seq. 2. If the trustees had any authority with respect to claims against the estate, they never exercised it. 39 Cyc. 307. 3. Whatever authority the trustees had was superseded ¡by the appointment of the administratrix. 18 Cyc. 58; 89 Ark. 553; Act No. 438, Acts 1907. 4. Knowledge of the administratrix of the bank’s claim did not dispense with the necessity of exhibiting the claim properly authenticated. 97 Ark. 546.…
1Opinion of the CourtSmith., J.
Judge L. A. Byrne died on March 4, . 1914, leaving a will in which he designated W. H. Arnold, W. R. Grim and the Arkansas Trust & Banking Company as Trustees with authority and instructions to discharge his debts and distribute his estate to the various devisees and legatees therein named. The will was admitted to probate a few days after his death, but no letters testamentary issued at the time. The will devised the pro-. perty to the trustees named and invested them with plenary power to adjust and audit claims against the estate and to make settlement of them and to finally distribute the…
2Cases cited1 opinion
- Davenport v. DavenportSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Keffer v. StuartSupreme Court of Arkansas · 1917
- Breckenridge v. Weber Dry Goods CompanySupreme Court of Arkansas · 1925