Pumphry v. Pumphry
Supreme Court of Arkansas
APPEAL from Grant Circuit Court, J. B. Wood, Judge. By the will of Nathan Pumphry, he devised to his widow, the appellee, eighty acres of land, which was his homestead, or a part of it, for her natural life or during widowhood. The widow, after the death of her husband, remained on the land thus devised, and sixteen months thereafter executed, as required by law, a deed by which she released to the heirs of her husband, all her rights to said property under the will.
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APPEAL from Grant Circuit Court, J. B. Wood, Judge. By the will of Nathan Pumphry, he devised to his widow, the appellee, eighty acres of land, which was his homestead, or a part of it, for her natural life or during widowhood. The widow, after the death of her husband, remained on the land thus devised, and sixteen months thereafter executed, as required by law, a deed by which she released to the heirs of her husband, all her rights to said property under the will. She then filed a petition in the Probate Court for dower. She claims that she is entitled to occupy the homestead, and also to…
1Opinion of the CourtCockrill, C. J.
The controlling question on this appeal is, whether a widow to whom lands of which her husband died seized have been devised and personal property bequeathed by the husband, must, if she desires to take dower under the statute, make her election to do so by entering upon the land to be assigned as dower, or by bringing suit for its assignment within a year after the death of her husband, as provided by sections 2583, 2584 Mansfield’s Digest, or whether she may do so by executing to the heirs a deed of release and quit-claim of the lands devised within eighteen months after his death, under…
2Cited by4 opinions
- Bryan v. Bliss-Cook Oak Co.Court of Appeals for the Eighth Circuit · 1910
- Cooley v. NorthSupreme Court of Arkansas · 1917
- Dillen v. FancherSupreme Court of Arkansas · 1938
- Lucas v. LacySupreme Court of Arkansas · 1925