Mayo v. Mayo
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George M. Chapline,. Judge; 1. Heirs, having the legal title, are not required to act in order to protect it.
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Appeal from Monroe Circuit Court; George M. Chapline,. Judge; 1. Heirs, having the legal title, are not required to act in order to protect it. They can not be kept out of their inheritance unreasonably by the laches of creditors in subjecting the lands-to the payment of probated claims. 73 Ark. 440; 37 Ark. 155; 47 Ark. 475; 48 Ark. 277; 54 Ark. 65; 56 Ark. 633; 63 Ark.. 405; 70 Ark. 185. The alleged assignment of dower and homestead to Mrs. Mayo was no excuse for delay to enforce the debts. 64 Ark. 1; Kirby’s Digest, § § 2711 to 2715. See also 52 Ark. 193; 60 Ark. 461; 29 Ark. 418; 56 Ark.…
1Opinion of the Court
C. F. Greenlee, Special Judge.
This is an action, commenced in December, 1902, by appellants against appellee, to recover lands which descended to them from their ancestor, W. M. Mayo, who died in October, 1890, leaving him surviving, his widow, Jane E. Mayo, and seven children — F. A. Mayo, R. D. Mayo, 'Laura M. Boyce (nee Mayo), Nannie J. Bond (nee Mayo), Wm. J. Mayo, Fannie M. Black (nee Mayo), and Lily M. Black (nee Mayo).
W. M. Mayo left a will, in which he said: “It is my desire that all my debts be paid as my executors may think to be the best for the interest of my estate, either by…
2Cases cited7 opinions
- James v. GibsonSupreme Court of Arkansas · 1904
- Mays v. RogersSupreme Court of Arkansas · 1881
- Brown v. HanauerSupreme Court of Arkansas · 1886
- Roth v. HollandSupreme Court of Arkansas · 1892
- Brogan v. BroganSupreme Court of Arkansas · 1897
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3Cited by2 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Brewer v. WilsonSupreme Court of Arkansas · 1932