Legal Opinion

Bankhead v. Hubbard

Supreme Court of Arkansas

Decided July 15, 1852PublishedCited by 3 opinions

Appeal from Hempstead Circuit Court. The Hon. Shelton Watson, Circuit Judge, presiding. The last will and testament of Thomas M. R. Bankhead, was duly probated in vacation, before the clerk of the Probate Court, who granted letters testamentary to the executrix therein named, without requiring bond and security, under the following clause in the will: “Lastly, I appoint my beloved wife sole executrix, and direct that she shall not be required to give bond.”

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Appeal from Hempstead Circuit Court. The Hon. Shelton Watson, Circuit Judge, presiding. The last will and testament of Thomas M. R. Bankhead, was duly probated in vacation, before the clerk of the Probate Court, who granted letters testamentary to the executrix therein named, without requiring bond and security, under the following clause in the will: “Lastly, I appoint my beloved wife sole executrix, and direct that she shall not be required to give bond.” Upon motion in the Probate Court, by the executrix, to confirm the grant of letters testamentary by the clerk, in vacation, the…

1Opinion of the Court

Hempstead, Special Judge,

delivered the opinion of the Court.

The constitution of this State vests in the Probate Courts such jurisdiction in matters relative to the estates of deceased persons, executors, administrators, and guardians, as may be prescribed by law. Const, sec. 10, Art. 6. The administration law authorizes the clerks of Probate Courts to grant letters testamentary, and of administration, subject however, to the confirmation or rejection of the court {Digest 110), and requires bond from the person to whom letters testamentary or of administration are granted with two or more…

2Cited by3 opinions

  1. Dillen v. FancherSupreme Court of Arkansas · 1939
  2. Steen v. SpringfieldSupreme Court of Arkansas · 1909
  3. Green v. FordSupreme Court of Arkansas · 1856

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