Gist v. Pettus
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. These suits were instituted by the appellees against the appellants for the possession of certain lands. The suits were consolidated and tried together.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. These suits were instituted by the appellees against the appellants for the possession of certain lands. The suits were consolidated and tried together. The appellees set up in their complaints that they were the children and heirs at law of John W. Pettus, who died on the 8th of January, 1912; that they were the owners of the land by virtue of the will of W. W. Pettus, which, omitting clauses that are merely formal (and not necessary for the proper construction of the will) is as follows:…
1Opinion of the Court
Wood, J.,
(after stating the facts). The appellants contend that the testator, W. W. Pettus, devised to his son, John W. Pettus, a fee simple title to the lands in controversy under the third paragraph of the will, and that the codicil, in attempting to dispose of the lands devised in a manner inconsistent with ‘the terms of the devise in the third paragraph, is repugnant to this devise, and should be declared void. Appellants rely upon the case of Bernstein v. Bramble, 81 Ark. 480, where Judge Battle, speaking for the court, quoted from Underhill on the Law of Wills, as follows:
“It is the…
2Cases cited9 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
- Hardage v. StroopeSupreme Court of Arkansas · 1893
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
- Little v. McGuireSupreme Court of Arkansas · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aycock Pontiac, Inc. v. AycockSupreme Court of Arkansas · 1998
- Little Rock v. LenonSupreme Court of Arkansas · 1932
- Bowen v. FrankSupreme Court of Arkansas · 1929
- LeFlore v. HandlinSupreme Court of Arkansas · 1922
- Baum v. FoxSupreme Court of Arkansas · 1936
7 more not listed; retrieve them via the Exa API.