Union & Mercantile Trust Co. v. Hudson
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; statement of facts. John M. Moore, W. B. Smith, and J. Merrick Moore, brought this suit in equity against the Union & Mercantile Trust Company for the specific performance of a written contract whereby the plaintiffs agreed to. convey to the defendant certain property in the city of Little Bock for the sum of $150,000 cash.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; statement of facts. John M. Moore, W. B. Smith, and J. Merrick Moore, brought this suit in equity against the Union & Mercantile Trust Company for the specific performance of a written contract whereby the plaintiffs agreed to. convey to the defendant certain property in the city of Little Bock for the sum of $150,000 cash. The contract provided that the plaintiffs were to execute and deliver to the defendant a warranty deed and an abstract of title showing a good title to the property. The plaintiffs alleged in their…
1Opinion of the CourtHart, J.
(after stating the facts.) The decree of the chancellor is based upon the decisions in Archer v. Palmer, 112 Ark. 527, and Thurman v. Symonds, 126 Ark. 216.
In the first mentioned ease the court held that where a testator gives an estate for life only, with the added power to the life tenant to convey the estate absolutely, the life tenant may defeat the estate of a remainderman under the will by the exercise of the power of disposal during his lifetime.
The court further held that where in one clause of a will the testator granted his wife a life estate with remainder over, and in another…
2Cases cited3 opinions
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Thurman v. SymondsSupreme Court of Arkansas · 1916
3Cited by13 opinions
- Alexander v. AlexanderSupreme Court of Arkansas · 1978
- LeFlore v. HandlinSupreme Court of Arkansas · 1922
- Crittenden v. LytleSupreme Court of Arkansas · 1952
- Pearrow v. VadenSupreme Court of Arkansas · 1941
- Morgan v. GreenSupreme Court of Arkansas · 1978
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