Barton v. Wilson
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; Our position is two-fold. 1. That the widow having died before her dower was assigned, and without assenting her claim or right to have dower assigned, she was not vested, immediately upon the death of her husband, with an estate of such character as would pass ¡at her death to her heirs or legal representatives. Kirby’s Digest, § 2709; Tiedeman -on Beal Property, § 85; 61 Ark. 61; 84 Id. 558; 15 Pet. (TJ.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; Our position is two-fold. 1. That the widow having died before her dower was assigned, and without assenting her claim or right to have dower assigned, she was not vested, immediately upon the death of her husband, with an estate of such character as would pass ¡at her death to her heirs or legal representatives. Kirby’s Digest, § 2709; Tiedeman -on Beal Property, § 85; 61 Ark. 61; 84 Id. 558; 15 Pet. (TJ. S.) 21; 21 Ark. 347; lb. 62; 31 Id. 334; 62 Id. 313; 60 Id. 478; 14 Cyc. 961; 59 Hun. 538; 49 N. J. Eq. 66; 16 S. W. 119; 105…
1Opinion of the CourtMcCulloch, C. J.
Appellant M. F. Barton instituted this action in the ¡chancery court of Pope County to establish and quiet her title to certain lands lying in that county, and also a large amount of personal property, all of which she claims by inheritance from .her brother, J. K. Bowers, who died without lineal heirs. A portion of the lands owned by decedent, J. K. Bowers, came to him by inheritance from his father, and therefore constituted an ancestral estate; tihe remaining portion of the lands, Which is quite the largest part of his estate, were lands which he acquired himself by purchase. J. K. Bowers…
2Cases cited19 opinions
- May v. FletcherIndiana Supreme Court · 1872
- Crenshaw v. MooreTennessee Supreme Court · 1911
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- Gauch v. St. Louis Mutual Life InsuranceIllinois Supreme Court · 1878
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3Cited by14 opinions
- Talcott v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- McDaniel v. ByrkettSupreme Court of Arkansas · 1915
- Maloney v. McCulloughSupreme Court of Arkansas · 1949
- Thompson v. Union & Mercantile Trust Co.Supreme Court of Arkansas · 1924
- Arbaugh v. WestSupreme Court of Arkansas · 1917
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