Phillips v. Phillips
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The court erred in restating the accounts of William James Phillips and in disallowing four items thereof; the .attorneys’ fees, printing briefs and the amounts paid for abstracts of title to land. These claims had been duly allowed by the probate court, and the only remedy was by appeal.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The court erred in restating the accounts of William James Phillips and in disallowing four items thereof; the .attorneys’ fees, printing briefs and the amounts paid for abstracts of title to land. These claims had been duly allowed by the probate court, and the only remedy was by appeal. The allowance by the probate court was a judgment and can not be attacked in a collateral proceeding. 48 Ark. 277; 38 Icl. 471; 35 Id. 205. It is binding on all parties and can only be set aside for fraud in procurement. 90 Ark. 440; 86…
1Opinion of the CourtWood, J.
The will of Sarah M. Phillips, deceased, is as follows:
“I, Sarah M. Phillips of the city of Little Rock, Pulaski County, State of Arkansas, being of sound mind and disposing memory, do make and declare this to be my last will and testament, hereby revoking any and all other wills by me heretofore made.
“I nominate, constitute and appoint my son, William James Phillips, as executor and trustee of this, my will, who shall serve as such without being required to execute bond.
“I direct and instruct that my executor shall first pay all my just debts, and funeral expenses.
“I further direct and…
2Cases cited18 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Hankins v. LayneSupreme Court of Arkansas · 1886
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Williamson v. GriderSupreme Court of Arkansas · 1911
- Reinhardt v. GartrellSupreme Court of Arkansas · 1878
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Doss v. TaylorSupreme Court of Arkansas · 1968
- Pool, Trustee v. Cross County BankSupreme Court of Arkansas · 1939
- Miller, Trustee v. Maryland Casualty Co.Supreme Court of Arkansas · 1944
- Layman v. HodnettSupreme Court of Arkansas · 1943
- Gaylor v. GaylorSupreme Court of Arkansas · 1955
2 more not listed; retrieve them via the Exa API.