Baxter v. Duvall
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; Appellee knew her rights, and gave her reasons for not insisting upon them to the fullest extent. There was no fraud in the procurement of the probate court order, but the transaction was in the nature of a family settlement, which are favored by courts of equity. 2 Pomeroy’s Equity Juris, sec. 850 (4th Ed.);. 98 Ark. 93. Appellee has not discharged the burden of proof resting upon her.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; Appellee knew her rights, and gave her reasons for not insisting upon them to the fullest extent. There was no fraud in the procurement of the probate court order, but the transaction was in the nature of a family settlement, which are favored by courts of equity. 2 Pomeroy’s Equity Juris, sec. 850 (4th Ed.);. 98 Ark. 93. Appellee has not discharged the burden of proof resting upon her. This case is distinguished from that in 75 Ark. 240, as there was no mutual mistake as to the rights of the widow, and the further fact that here…
1Opinion of the CourtHumphreys, J.
Or. W. Duvall died intestate at his home in Pope County, Arkansas, on the 5th day of February, 1920, leaving him surviving his widow, Florence Duvall, and their two minor children, Grlenn and Evelyn, who are. the appellees herein; and seven children by his first wife, who are the appellants herein. Gr. W. Duvall died the owner of personal property afterwards appraised at $2,893, and was seized and possessed of 240 acres of land, 160 acres of which was upland and 80 acres creek land. These tracts were' a quarter of a mile apart. He and his family resided upon the 160-acre tract. The main…
2Cases cited1 opinion
- McLain v. BrewingtonSupreme Court of Arkansas · 1919
3Cited by2 opinions
- Watkins v. AckerSupreme Court of Arkansas · 1937
- Wilson v. BilesSupreme Court of Arkansas · 1926