St. Joseph's Convent v. Garner
Supreme Court of Arkansas
Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. The probate of a will is conclusive as to all matters affecting the validity of the will or of its probate. Croswell, Ex. & Adm. 34. It was error for the court to refuse to transfer this case to law, after the filing of the supplemental complaint and answer.
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Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. The probate of a will is conclusive as to all matters affecting the validity of the will or of its probate. Croswell, Ex. & Adm. 34. It was error for the court to refuse to transfer this case to law, after the filing of the supplemental complaint and answer. Sand. & H. Dig. § 6121. The will, having been executed and proved according to the laws of Missouri, is valid here. 3.1 Ark. 175. The copy of the will was the best evidence of its contents obtainable at the time, and it was sufficient for purposes of probate. 14 S. W.…
1Opinion of the CourtBattle, J.
“On March 8, 1897, appellant filed its complaint in equity against appellees, alleging that it was a corporation, organized and existing under and by virtue of laws of the state of Missouri, and that it was authorized to acquire and hold real and .personal property; that it was the owner of the fractional southwest quarter (west of river), and the southeast quarter of the northwest quarter of section 13, township 19 north, range 2 east, Randolph county, Arkansas; that it derived title through one Ellen McKenzie, who, being the owner of said lands, executed her last will and testament on…
2Cases cited2 opinions
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- Janes v. WilliamsSupreme Court of Arkansas · 1876
3Cited by11 opinions
- Short v. StephensonSupreme Court of Arkansas · 1965
- Phillips v. JonesSupreme Court of Arkansas · 1929
- Gray v. ParksSupreme Court of Arkansas · 1910
- Neal v. JacksonCourt of Appeals of Arkansas · 1981
- Carraway v. MooreSupreme Court of Arkansas · 1905
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