Bell v. Altheimer
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John W. Elliott, Chancellor; 1. The complaint having alleged a failure on the part of the executors to charge themselves with the sum of $324.50, the value of personal property received 'by them, in their first settlement, from the confirmation of which appellant had lost his right of appeal, which failure amounted to legal, if not intentional, fraud, stated a cause of action cognizable in equity. 45 Ark. 518. Equity has jurisdiction to…
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Appeal from Jefferson Chancery Court; John W. Elliott, Chancellor; 1. The complaint having alleged a failure on the part of the executors to charge themselves with the sum of $324.50, the value of personal property received 'by them, in their first settlement, from the confirmation of which appellant had lost his right of appeal, which failure amounted to legal, if not intentional, fraud, stated a cause of action cognizable in equity. 45 Ark. 518. Equity has jurisdiction to correct errors in the settlements of administrators, executors and guardians when the right of appeal has been lost and…
1Opinion of the CourtKirby, J.
This suit was brought by plaintiff to surcharge and falsify the accounts and settlements of the executors. The complaint is long, voluminous, indefinite and uncertain. It alleges that John Miles died in Jefferson County on November 6, 1903, and on June 16 before executed his last will, a copy of which was set out. By its terms, after directing the payment of the testator’s debts, he gave to his grandson, Johnnie Bell, and the heirs of his body certain lands, describing them, “his home place in Lincoln County, known as the 'John Williams plantation,’ and five hundred dollars, also the west…
2Cases cited5 opinions
- Jones v. GrahamSupreme Court of Arkansas · 1880
- Scott v. PennSupreme Court of Arkansas · 1900
- Dyer v. JacowaySupreme Court of Arkansas · 1883
- McLeod v. GriffisSupreme Court of Arkansas · 1888
- Floyd v. NewtonSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Jameson v. JamesonSupreme Court of Arkansas · 1915
- Chambless v. GentrySupreme Court of Arkansas · 1928