In re Simmons
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. James M. Pittman, Judge. John W. Simmons died intestate in 1886, possessed of real -and personal property. His heirs at law were six sons, F. A., Thomas, John, Sam., Irvin and Richard, and a grandson, John Beach, only child and heir at law of Sallie Beach, his daughter, who, prior to her father’s death, died intestate, leaving her husband, B. S. Beach, and child surviving.
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APPEAL from Benton Circuit Court. James M. Pittman, Judge. John W. Simmons died intestate in 1886, possessed of real -and personal property. His heirs at law were six sons, F. A., Thomas, John, Sam., Irvin and Richard, and a grandson, John Beach, only child and heir at law of Sallie Beach, his daughter, who, prior to her father’s death, died intestate, leaving her husband, B. S. Beach, and child surviving. Simmons also left a widow, not the mother of his children, who relinquished dower and elected to take a child’s part. Thus the widow, the grandchild and the children became entitled each to…
1Opinion of the CourtCockrill, C. J.
The judgment in this case is based on the theory that the sale of the land under the decree in partition did not convert the minor’s interest into personalty, but that the proceeds of the sale stood for the land impressed with the characteristics of realty when each of the minors died, because, not being sui juris, neither of them was capable of confirming the conversion of land into money, whether it was his original share of the common ancestor’s estate or that which one inherited from the other.
The argument is ingenious and is supported with much learning, but much of the learning is…
2Cases cited3 opinions
- Cronise v. HardtCourt of Appeals of Maryland · 1878
- Corker v. JonesSupreme Court of the United States · 1884
- Allen v. Troutman's heirsCourt of Appeals of Kentucky · 1873
3Cited by7 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- Cook v. Estate of ToddSupreme Court of Iowa · 1958
- French v. VanattaSupreme Court of Arkansas · 1907
- Glasscock v. GlasscockSupreme Court of Arkansas · 1911
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