Legal Opinion

Bloom v. Strauss

Supreme Court of Arkansas

Decided November 12, 1904PublishedCited by 12 opinions

Appeal from Jefferson Chancery Court. John M. Elliott, Chancellor. statement by the court. Abraham Strauss, a resident of Jefferson County, Arkansas, died in 1894, possessed of certain' real and personal property, the rental value of which was about $1,000 or $1,500. He disposed of this property by will, of which the material parts, so far as this case is concerned, are as follows: “I will and bequeath to my wife, Hanchi Strauss, all my property, real, personal and mixed, of…

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Appeal from Jefferson Chancery Court. John M. Elliott, Chancellor. statement by the court. Abraham Strauss, a resident of Jefferson County, Arkansas, died in 1894, possessed of certain' real and personal property, the rental value of which was about $1,000 or $1,500. He disposed of this property by will, of which the material parts, so far as this case is concerned, are as follows: “I will and bequeath to my wife, Hanchi Strauss, all my property, real, personal and mixed, of which I may die seized and possessed, with the right to sell and convey the two lots on Pullen street and one lot on…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an appeal from a judgment of the chancery court of Jefferson County construing the will of Abraham Strauss and holding that it created a trust in favor of his children. It is very plain that the testator has not expressly declared that this property should be held in trust by the widow for the support of herself and the children named in the will; but it is argued with much force that the will, taken as a whole, and considered in the light of the circumstances surrounding the testator at the time it was executed, shows that such was his intention.

2Cases cited3 opinions

  1. Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
  2. Bloom v. StraussSupreme Court of Arkansas · 1902
  3. Sturgis v. PaineMassachusetts Supreme Judicial Court · 1888

3Cited by12 opinions

  1. Wooldridge v. GilmanSupreme Court of Arkansas · 1926
  2. Cook v. WorthingtonSupreme Court of Arkansas · 1915
  3. Graves v. BeanSupreme Court of Arkansas · 1940
  4. Weeks v. WeeksSupreme Court of Arkansas · 1947
  5. Hoyle v. BaddourSupreme Court of Arkansas · 1936

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