Legal Opinion

Thompson v. Wilhite

Supreme Court of Arkansas

Decided November 5, 1917PublishedCited by 12 opinions

Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. Appellants are not estopped to claim their rights, nor were they waived by any acts or conversations. 16 Cyc. 679. 2. The court erred in its instructions. 15 Ark. 41; 96 Id. 222. 1. Appellants are estopped. The instructions are not set out nor abstracted. But the jury were properly instructed and the evidence sustains the judgment. Appellee paid the debts under the instructions of the widow.

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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. Appellants are not estopped to claim their rights, nor were they waived by any acts or conversations. 16 Cyc. 679. 2. The court erred in its instructions. 15 Ark. 41; 96 Id. 222. 1. Appellants are estopped. The instructions are not set out nor abstracted. But the jury were properly instructed and the evidence sustains the judgment. Appellee paid the debts under the instructions of the widow. It was then too late to claim dower.

1Opinion of the CourtWood, J.

W. H. Needham died in December, 1912, leaving his wife and daughter. After his death his wife, Eliza, married Thompson, and his daughter, Gertrude, married Jones. In January, 1913, B. H. Wilhite was. appointed administrator of the estate of Needham. On the 30th of October, 1915, the administrator filed his first and only report, showing certain amounts received and collected by him for the estate, and certain amounts paid out. Appellants filed their exceptions to the report, which exceptions were sustained by the probate court, and the administrator appealed to the circuit court, where the…

2Cases cited3 opinions

  1. Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
  2. Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
  3. Geren v. CaldareraSupreme Court of Arkansas · 1911

3Cited by12 opinions

  1. McEntire v. Estate of McEntireSupreme Court of Arkansas · 1979
  2. Brownfield v. BookoutSupreme Court of Arkansas · 1921
  3. Ferguson v. GuydonSupreme Court of Arkansas · 1921
  4. Texas Company v. SnowSupreme Court of Arkansas · 1927
  5. Johnson v. TaylorSupreme Court of Arkansas · 1919

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