Wheelock v. Simons
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. George M. Chapline, Judge. STATEMENT BY THE COURT. J. M. Wheelock made a will, in which he made devises to Ida Belle Wheelock, whom he described as his adopted daughter. There was no legal adoption of her. The following clause presents the issues of this case: “Item III.
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Appeal from Monroe Circuit Court. George M. Chapline, Judge. STATEMENT BY THE COURT. J. M. Wheelock made a will, in which he made devises to Ida Belle Wheelock, whom he described as his adopted daughter. There was no legal adoption of her. The following clause presents the issues of this case: “Item III. I give and bequeath to my adopted daughter, Ida Belle Wheelock, the undivided half of the northwest quarter of section 19, in township 1 north, range 2 west, containing in the aggregate 166 acres of land; also lot number fourteen (14) in block number nine (9) in town of Clarendon. In case the…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) “The term ‘heirs of the body’ has an appropriate technical me'aning as words of limitation to designate heirs in succession, and it is always to be construed in that sense unless the context shows it was intended ás a description of particular p.ersons.” Myar v. Snow, 49 Ark. 125.
At the.time of the execution of the will Ida Belle Wheelock was unmarried, and the testator had affection for her, and treated her as a daughter, although she was not either in blood or in law. The controlling object of his bounty was this child, and ‘the property was for her,…
2Cases cited8 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Hardage v. StroopeSupreme Court of Arkansas · 1893
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- West v. WilliamsSupreme Court of Arkansas · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
- Rogers v. OgburnSupreme Court of Arkansas · 1915
- Steele v. RobinsonSupreme Court of Arkansas · 1952
- Cotton v. Citizens' BankSupreme Court of Arkansas · 1911
- Hill v. HeardSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.