Maynard v. Henderson
Supreme Court of Arkansas
Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; 1. If the granting clause in the deed bad contained the words “bodily heirs,” or “heirs of her body,” there would be no question but that the deed conveyed to Nevada P. Maynard a 'life estate only, with remainder in fee to appellant, ¡and that her husband ¡surviving would have no curtesy right in the lands.
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Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; 1. If the granting clause in the deed bad contained the words “bodily heirs,” or “heirs of her body,” there would be no question but that the deed conveyed to Nevada P. Maynard a 'life estate only, with remainder in fee to appellant, ¡and that her husband ¡surviving would have no curtesy right in the lands. Kirby’s Dig., § 735; 44 Ark. 458. The words, “natural heirs,” as used in the deed .are of the .same legal import and effect as the words “bodily heirs,” or “heirs of 'her body.” 13 Cyc. 605; Id. 659, et seq.; Kirby’s…
1Opinion of the Court
■Smith, J.
Appellant, L. F. Maynard, sued as next friend for his infant .son, and stated the following facts ■ as constituting his cause of action. That on July 19, 1897, one Eli Abbott conveyed to his daughter, Nevada P. Maynard, a tract of land situated in Randolph County, Arkansas, comprising 440 acres. That said lands were granted to said Nevada P. Maynard .and “to her natura! heirs,” and the consideration therefor was the love .and affection of the father for his daughter. That on December 1, 1897, the said Nevada P. Maynard died intestate, leaving her surviving her husband and the said…
2Cases cited6 opinions
- Markover v. KraussIndiana Supreme Court · 1892
- Hudson v. WadsworthSupreme Court of Connecticut · 1831
- Smith v. PendellSupreme Court of Connecticut · 1848
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
- White Sewing Machine Co. v. WoosterSupreme Court of Arkansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- State ex rel. McDaniel v. GaughanSupreme Court of Arkansas · 1916
- Wilkins v. WilkinsSupreme Court of Arkansas · 1947
- Semones v. CookSupreme Court of Virginia · 1947
- Wilkins v. WilkinsSupreme Court of Arkansas · 1947