Harrington v. Cooper
Supreme Court of Arkansas
Appeal from Lee Chancery Court; E. D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action in the chancery court against appellees, G. W. Cooper and Arthur Cotter, trustees, to' restrain them from selling certain lands under the power of sale contained in a mortgage. Appellants allege that they were the children and sole heirs at law of Georgia Ann Harrington, born Wood, and that by the terms of the will of Dr. Geo.
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Appeal from Lee Chancery Court; E. D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action in the chancery court against appellees, G. W. Cooper and Arthur Cotter, trustees, to' restrain them from selling certain lands under the power of sale contained in a mortgage. Appellants allege that they were the children and sole heirs at law of Georgia Ann Harrington, born Wood, and that by the terms of the will of Dr. Geo. Wood, her father, she owned a life estate in said lands and they own the reversion. A copy of the will is made an exhibit to the complaint and a part…
1Opinion of the CourtHart, J.
(after stating the facts). (1) In construing the provision of a will, the intention of the maker is first to be ascertained, and, when not at variance with recognized rules of law, must govern. The intention of the testator must be gathered from all parts of the will, and such construction be given as will, if possible, give force and meaning to every clause of the will. Parker v. Wilson, 98 Ark. 553; Archer v. Palmer, 112 Ark. 527.
The particular clause of the will whose construction is involved by this appeal reads as follows:
“I give to my beloved wife, Mary Jane Wood, during natural life…
2Cases cited5 opinions
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Thackston v. WatsonCourt of Appeals of Kentucky · 1886
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Pruitt v. HollandCourt of Appeals of Kentucky · 1892
- Ferguson v. ThomasonCourt of Appeals of Kentucky · 1888
3Cited by15 opinions
- Pyne v. PyneCourt of Appeals for the D.C. Circuit · 1946
- Bell v. GentrySupreme Court of Arkansas · 1920
- Dyer v. LaneSupreme Court of Arkansas · 1941
- Bowlin v. VinsantSupreme Court of Arkansas · 1933
- Cox v. DanehowerSupreme Court of Arkansas · 1947
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