Arbaugh v. West
Supreme Court of Arkansas
Appeal from. Johnson Chancery Court; Jordan Sellers, Chancellor; STATEMENT BY THE COURT. This is an action by the widow against the heirs at law for the assignment of dower in certain lands belonging to the estate of her deceased husband. The material facts are as follows: W. H. West died in Johnson County, Arkansas, on April 10, 1913, owning the lands which are the subject matter of this litigation.
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Appeal from. Johnson Chancery Court; Jordan Sellers, Chancellor; STATEMENT BY THE COURT. This is an action by the widow against the heirs at law for the assignment of dower in certain lands belonging to the estate of her deceased husband. The material facts are as follows: W. H. West died in Johnson County, Arkansas, on April 10, 1913, owning the lands which are the subject matter of this litigation. The lands involved in this suit were a new acquisition, and not an ancestral estate. The estate of W. H. West, deceased, is insolvent. W. H. West left surviving him the plaintiff, Alta West, as…
1Opinion of the Court
Hart, J.,
(after stating the facts). Section 2717 of Kirby’s Digest provides that it shall be the duty of the heir at law-of any estate of which the widow is entitled to dower, to lay off and assign such dower as soon as is practicable after the death of the husband of such widow.
In Jameson v. Davis, 124 Ark. 399, the court held that the heirs of deceased are necessary parties to a suit to have dower set aside to the widow. In that case the court also held that a -widow takes a half-interest in fee in the lands of her deceased husband, where he died without children, but she takes such estate…
2Cases cited8 opinions
- Weaver v. RushSupreme Court of Arkansas · 1896
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Barton v. WilsonSupreme Court of Arkansas · 1915
- Hill's Administrators v. MitchellSupreme Court of Arkansas · 1844
- Schnebly v. SchneblyIllinois Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tandy v. SmithSupreme Court of Arkansas · 1927
- Wooten v. PenuelSupreme Court of Arkansas · 1940
- Mayo v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1919
- Howard v. County Court of Craighead CountySupreme Court of Arkansas · 1983
- Sanders v. TaylorSupreme Court of Arkansas · 1937
4 more not listed; retrieve them via the Exa API.