Carter v. Menifee
Supreme Court of Arkansas
Debt, determined in Conway Circuit Court, in October, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. William Carter, as executor of the last will of Jane Ellis,, .sued Nimrod Menifee. The declaration was in every respect sufficient, and contained a profert of the letters testamentary, granted to the plaintiff as executor of the last will and testament of Jane Ellis, deceased.
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Debt, determined in Conway Circuit Court, in October, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. William Carter, as executor of the last will of Jane Ellis,, .sued Nimrod Menifee. The declaration was in every respect sufficient, and contained a profert of the letters testamentary, granted to the plaintiff as executor of the last will and testament of Jane Ellis, deceased. The defendant appeared, and prayed oyer of the letters testamentary, which being granted by filing them with a copy of the will, he demurred to the declaration, and set forth specially, as…
1Opinion of the Court
By the Court,
Ringo, C. J.
We are at a loss to conceive upon what ground the demurrer was sustained; because, not only the letters testamentary, granted and issued, in proper form, to the plaintiff, by the clerk of the Probate Court of the county of Perry, in this State, but also a duly authenticated transcript of the will of the testatrix, was given and filed on oyer, and the fornier set out in the demurrer of the defendant; thus making the letters, if not the copy of the will, parcel of the plaintiff’s pleading, and showing in him a legal right to maintain the action. The letters thus shown…
2Cited by1 opinion
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