Purcelly v. Carter
Supreme Court of Arkansas
APPEAL from Yell Circuit Court in Chancery. Hon. G. B. Denison, Special Judge. The complaint shows that R. V. Ferguson, one of the plaintiffs, was not administrator de bonis non of the estate of James Purcelly at .the time this suit was brought; if he had been he could not have maintained the action.
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APPEAL from Yell Circuit Court in Chancery. Hon. G. B. Denison, Special Judge. The complaint shows that R. V. Ferguson, one of the plaintiffs, was not administrator de bonis non of the estate of James Purcelly at .the time this suit was brought; if he had been he could not have maintained the action. It is properly brought by the heirs. 34 Ark., 144. The suit was brought against John C. Carter, administrator of W. A. Carter, deceased, within two years after administration granted, and the statute of non-claim cuts no figure. Gantt’s Digest, Secs. 100, no; 16 Ark., 475. The only remedy…
1Opinion of the CourtSmith, J.
The bill charges that James Purcellydied in the year 1859, leaving a will, which was admitted to probate, and six children, to whom he bequeathed the residue of his estate alter the payment of debts and certain specific legacies; that the testator named no executor, wherefore the probate court granted administration with the will annexed to his widow and William A. Carter; that these trustees took charge of the personal property, of the value of $4000, and sold it out under the orders of the probate court and in pursuance of directions contained in said will; that various proceedings were had…
2Cited by10 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Newberry v. WilkinsonCourt of Appeals for the Ninth Circuit · 1912
- In Re McLeod's EstateOregon Supreme Court · 1938
- Newbery v. WilkinsonU.S. Circuit Court for the District of Eastern Washington · 1911
- Stewart v. ThomassonSupreme Court of Arkansas · 1910
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