Legal Opinion

Ambleton v. Dyer

Supreme Court of Arkansas

Decided May 3, 1890PublishedCited by 2 opinions

APPEAL from Yell Circuit Court in Chancery, Danville District. G. S. Cunningham, Judge. The defendant had the exclusive management and control of the estate, and manipulated it to suit his own personal interests. He filed no inventory. He failed to charge himself with assets that came to his hands; he has taken double credits, and credits to which he was not entitled.

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APPEAL from Yell Circuit Court in Chancery, Danville District. G. S. Cunningham, Judge. The defendant had the exclusive management and control of the estate, and manipulated it to suit his own personal interests. He filed no inventory. He failed to charge himself with assets that came to his hands; he has taken double credits, and credits to which he was not entitled. At the time he filed his first- settlement he had assets enough to more than pay all the debts, and the estate should then have been wound up, and all the costs, expenses and commissions incurred since should be disallowed. The…

1Opinion of the CourtHemingway, J.

This cause comes before us upon appeal from the Yell circuit court in chancery. As presented, it involves three distinct controversies between the different •parties to the suit.

The suit was commenced by the heirs at law of A. Ambleton against A. J. Dyer, as administrator of his estate, to set aside his final settlement in the probate court and to surcharge and falsify his accounts; also to recover the value of a tract of land bought by Dyer at a sale made by M. A. Ambleton, as guardian of the plaintiffs who were then minors, under the order of the probate court, and also to recover the…

2Cited by2 opinions

  1. Robinson v. Long Gas Co.Court of Appeals for the Eighth Circuit · 1915
  2. Wasson v. TreeceSupreme Court of Arkansas · 1934

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