Rhodes v. Driver
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. Appellant, J. W. Rhodes, the administrator of the estate of J. P. Keiser, deceased, and his widow, and minor heirs by their guardian brought this suit against the executor of the estate of J. D. Driver, deceased, and his heirs for the recovery of money alleged to have been wrongfully paid by the administrator of the estate of Keiser to the executor of the estate…
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Appeal from Mississippi Chancery Court, Osceola District; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. Appellant, J. W. Rhodes, the administrator of the estate of J. P. Keiser, deceased, and his widow, and minor heirs by their guardian brought this suit against the executor of the estate of J. D. Driver, deceased, and his heirs for the recovery of money alleged to have been wrongfully paid by the administrator of the estate of Keiser to the executor of the estate of Driver. The complaint alleges that John P. Keiser died intestate on the 17th day of October, 1907; that J. W. Rhodes…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted for appellants that since the administrator of the Keiser estate paid a note to the executor of the Driver estate, which had not been presented for allowance and classification against the Keiser estate within the one year allowed by statute to present such claims, that its payment was wrongful and a diversion of the trust fund in the hands of said administrator, and on that account that appellants were entitled to recover the sum so wrongfully paid from the executors and distributees of the Driver estate. The statute provides, “that all…
2Cases cited4 opinions
- McLeod v. GriffisSupreme Court of Arkansas · 1888
- Conway's Exr. v. Reyburn's Exrs.Supreme Court of Arkansas · 1860
- Hall v. RutherfordSupreme Court of Arkansas · 1909
- Arkansas Lumber Co. v. WallaceSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Arkansas Valley Trust Co. v. YoungSupreme Court of Arkansas · 1917
- Fidelity & Deposit Co. v. FairfieldSupreme Court of Arkansas · 1924
- Clemmons v. Clemmons, Admr.Supreme Court of Arkansas · 1939
- Southern Furniture Company v. Morgan.Supreme Court of Arkansas · 1948