Shell v. Young
Supreme Court of Arkansas
Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The probate court was without authority to order a sale of the land without first assigning the widow’s dower. 33 Ark. 294; 40 Ark. 17. 2. The probate court is without jurisdiction to order a sale of land to pay debts of the estate.
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Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The probate court was without authority to order a sale of the land without first assigning the widow’s dower. 33 Ark. 294; 40 Ark. 17. 2. The probate court is without jurisdiction to order a sale of land to pay debts of the estate. Unless the sale was made to pay debts of the decedent, the sale was void for want of jurisdiction, and confirmation of the sale does not cure the defect. 84 S. W. 1044; 52 Ark. 320; 46 Ark. 373. 3. The land was the homestead of P. F. Shell, under whom appellants claim; had been impressed with that character…
1Opinion of the CourtHill, C. J.
P. F. Shell owned the land in controversy, and was living near it with his wife and two children when he died. He intended to make it his homestead, and had a house in the course of construction and nearly completed when he sickened and died. He expected to have the house ready to move into it on Christmas day, 1880, but he took sick on December 13, and died on December, 17. Fifteen acres had been cleared and fenced, and he had planted turnips thereon; a stable and crib were finished, and Shell was hauling corn to the crib when he took sick. The house was finished after Shell’s death, and the…
2Cases cited6 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Gibbs v. AdamsSupreme Court of Arkansas · 1906
- Tillar v. BassSupreme Court of Arkansas · 1893
- Williams v. DorrisSupreme Court of Arkansas · 1876
- Gill v. GillSupreme Court of Arkansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gebhart v. MerchantSupreme Court of Arkansas · 1907
- Keenan v. PeevySupreme Court of Arkansas · 1979
- Automotive Supply, Inc. v. PowellSupreme Court of Arkansas · 1980
- Hinton v. WillardSupreme Court of Arkansas · 1949
- McDaniel v. ConlanSupreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.