West v. Williams
Supreme Court of Arkansas
Cross Appeals from the Pulaslci Circuit Court im Chamcery. Hon. ¥k. H. Field, Circuit Judge. West et al. Tbe first question in this case, is, wbetber the intestate, Eugene L. H. "Williams, took, at tbe death of tbe testatrix, the share devised to bis mother, Henry E. Williams, for life ;• or wbetber that legacy of tbe residuum lapsed.
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Cross Appeals from the Pulaslci Circuit Court im Chamcery. Hon. ¥k. H. Field, Circuit Judge. West et al. Tbe first question in this case, is, wbetber the intestate, Eugene L. H. "Williams, took, at tbe death of tbe testatrix, the share devised to bis mother, Henry E. Williams, for life ;• or wbetber that legacy of tbe residuum lapsed. Tbe general principle as to lapsing is, that wills not taking effect until tbe testator’s death, can communicate no benefit to persons who previously die. 1 Jarman on Wills, 293. But this rule does not extend to a legacy given, over after tbe death of tbe first…
1Opinion of the CourtJustice Scott
West and others exhibited their bill in chancery, against Williams and others, for the recovery of a tract of land, and the rents, and profits of the same, from the death of Eugene L. TI. Williams.
The land in controversy, was originally owned by Lewis C. Taylor, who, by his last will and testament, devised it in fee to his wife, Mrs. Elizabeth M. 0. Taylor. During her widowhood, Mrs. Taylor, by will, devised as follows: To her brother, William Overton, one-third of her negroes and $1000 in money; to her sister, Mrs. West, one-third of her negroes for life, remainder to her children; to her…
2Cases cited1 opinion
- Gardner v. CollinsSupreme Court of the United States · 1829
3Cited by10 opinions
- Carter v. CarterSupreme Court of Arkansas · 1917
- Cupp v. Frazier's HeirsSupreme Court of Arkansas · 1965
- Frelinghuysen v. New York Life Insurance & Trust Co.Supreme Court of Rhode Island · 1910
- Hill v. HeardSupreme Court of Arkansas · 1912
- Chastain v. LarneySupreme Court of Oklahoma · 1928
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