Business Men's Accident Ass'n of America v. Green
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. 8. Steel, Judge; 1. The court erred in sustaining the demurrer to the complaint. The probate court has exclusive jurisdiction in matters of estate of decedents.
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Appeal from Polk Circuit Court; J. 8. Steel, Judge; 1. The court erred in sustaining the demurrer to the complaint. The probate court has exclusive jurisdiction in matters of estate of decedents. Const. 1874, art. 7, § 34; Kirby’s Digest, § 56, chap 1. 2. No other court has power to administer the estate or pass on the rights of creditors and distributees, and the court erred in rendering judgment, as the complaint did not state a cause of action. 47 Ark. 222; 51 Id. 361-6; 48 Id. 544; 40 Id. 433. 3. Our statute requires plaintiff to bring suit either with the consent of the creditors or…
1Opinion of the CourtMcCulloch, C. J.
Appellant issued a ■ policy to Jesse J. Green, insuring him against accident and against loss of time occasioned by sickness. Liability accrued on account of “loss of time occasioned by sickness” in the sum of $645.71, and appellant paid to Green the sum of $100 on this liability. Green died, and this action was instituted by appellee, the father of said decedent, to recover the balance due under the policy, and the complaint contains the following paragraph:
“Plaintiff states that the said Jesse J. Green was the son of plaintiff, was unmarried and died intestate, and that plaintiff is his…
2Cases cited2 opinions
- Metropolitan Life Insurance v. FitzgeraldSupreme Court of Arkansas · 1919
- Chisholm v. CryeSupreme Court of Arkansas · 1907
3Cited by2 opinions
- McGraw v. MillerSupreme Court of Arkansas · 1931
- Pullen v. SmithSupreme Court of Arkansas · 1940