Starrett v. McKim
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; The statute, Kirby’s Dig., § 2709, is intended to make provision for the -yvidow, -and not the children, where the estate is a new acquisition. The statute excludes grandchildren, the word “children” meaning the immediate offspring. 25 S. C. 358; 8 Words & Phrases, Jud. Def. 1115; 56 Ala. 260; 13 R. I. 149; 8 -So. 392; 68 Miss. 141; 39 Cal. 529; 53 Am.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; The statute, Kirby’s Dig., § 2709, is intended to make provision for the -yvidow, -and not the children, where the estate is a new acquisition. The statute excludes grandchildren, the word “children” meaning the immediate offspring. 25 S. C. 358; 8 Words & Phrases, Jud. Def. 1115; 56 Ala. 260; 13 R. I. 149; 8 -So. 392; 68 Miss. 141; 39 Cal. 529; 53 Am. St. Rep. 453; 103 Mass. 287; 65 Ark. 321; 64 Tex. no; 3 Am. & Eng. Enc. of E., 1st Ed. 231. Under the facts shown, appellees succeeded to the share which would have fallen to…
1Opinion of the CourtMcCulloch, C. J.
This is a controversy between a widow on the one side and grandchildren of a decedent on the other, as to dower interest of the former in lands (not the homestead) left by said decedent. The widow claimed one-half of the land in fee simple, and the grandchildren insist that she takes only an estate for life in one-th-ird of the land. The case involves a construction of the following statute:
“If a husband die, leaving a widow and no children, such widow shall be endowed in fee simple of one-half of the real estate of which such husband died seized, where said estate is a 1 new acquisition, and…
2Cases cited7 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- United States v. LacherSupreme Court of the United States · 1890
- Stephens v. Cherokee NationSupreme Court of the United States · 1899
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jones v. StateSupreme Court of Arkansas · 1912
- State v. FabbriWashington Supreme Court · 1917
- Sanders v. TaylorSupreme Court of Arkansas · 1937
- Berry v. BrokeshoulderCourt of Appeals for the Tenth Circuit · 1947
- GMAC Mortgage Corp. v. FarmerCourt of Appeals of Arkansas · 2008
2 more not listed; retrieve them via the Exa API.