Slaughter v. Slaughter
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hon. Mark W. Alexander, Circuit Judge. The words of the will are ample to vest the absolute property in Hannah and Elizabeth Pollard, and unless qualified by the subsequent clause, no right vested in appellee upon her death, to either Hannah or her descendants. If the testator referred to, dying without hevr, before the bequest took effect, (the time of the death of the testator,) appellee’s claim is wholly unfounded.
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Appeal from Phillips Circuit Court. Hon. Mark W. Alexander, Circuit Judge. The words of the will are ample to vest the absolute property in Hannah and Elizabeth Pollard, and unless qualified by the subsequent clause, no right vested in appellee upon her death, to either Hannah or her descendants. If the testator referred to, dying without hevr, before the bequest took effect, (the time of the death of the testator,) appellee’s claim is wholly unfounded. It will not be controverted that the bequest to Elizabeth Pollard vested immediately upon the death of the testator, and it is a well settled…
1Opinion of the CourtJustice Fairchild
“ It is essential to the validity of. an executory deyise that it cannot be defeated by the first taker. If the absolute right of property is given to the first taker, the limitation over is void. For if a legatee possesses the absolute right of property, he certainly has the power of disposing of it in any way he may think proper, and therefore he might defeat the devise or limitation over. If a testator gives property absolutely, in the first instance, to a legatee, he cannot afterwards subject it to any limitation or provision whatever, as for example, that he shall hold it , for life, or…
2Cases cited1 opinion
- Riddick v. CohoonCourt of Appeals of Virginia · 1826
3Cited by5 opinions
- Festinger v. KantorSupreme Court of Arkansas · 1981
- Graves v. BeanSupreme Court of Arkansas · 1940
- Pickering v. Loomis, TrusteeSupreme Court of Arkansas · 1940
- Delony v. DelonySupreme Court of Arkansas · 1862
- Festinger v. KantorSupreme Court of Arkansas · 1981