Jones v. Franklin
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. The important allegations of the bill are admitted and need not be proved. Pelham v. Floyd, 9 Ark., 530; Hardy v. Heard, 15 ib., 195. The averments of the answer made for avoidance should be. Stilwellv. Badgett, 22 Ark., 164; Hart v. TenEyoJc, 2 John. Chan., 88; Patton v. Ashley, 8 Ark., 297.
1Opinion of the Court
English, Ch. J.:
Mary F. R. Jones, a minor, by her next friend, Marcus L. Bell, filed the bill in this case, on the chancery side of the Jefferson Circuit Court, against Solomon Franklin, 4th April, 1872.
The bill alleges, in substance:
That Stark Washington died in Jefferson county in the year 1839, leaving his widow, Catherine H. Washington, and three-children — Henry, Martha and Fannie.
That Stark Washington made a will, which was duly probated, etc., (and copy made an exhibit,) whereby he devised bis entire estate to his. said widow and children, share and share alike.
That among other lands…
2Cited by3 opinions
- Elliott v. ElliottSupreme Court of Arkansas · 1972
- Fels v. EzellSupreme Court of Arkansas · 1931
- Tucker v. WalkerSupreme Court of Arkansas · 1969