Rowe v. Allison
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; James V. Bourland, Chancellor; Appellee not having been mentioned in the will, he takes, under the statute, as though no will had been made. Yet the will is not thereby rendered .invalid, but must be carried into effect in all other respects in accordance with the wishes of the testatrix, and appellee .must recover.his share by way of contribution from the legatees named in the will.
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Appeal from Sebastian Chancery Court, Greenwood District; James V. Bourland, Chancellor; Appellee not having been mentioned in the will, he takes, under the statute, as though no will had been made. Yet the will is not thereby rendered .invalid, but must be carried into effect in all other respects in accordance with the wishes of the testatrix, and appellee .must recover.his share by way of contribution from the legatees named in the will. Kirby’s Dig., § 8020; 23 Ark. 569; 31 Ark. 145.; 70 Ark. 483. 1. The will as to appellee is a nullity. His title to an undivided one-tenth interest in the…
1Opinion of the Court
Him,, C. J.
George Allison brought this suit in the chancery court of' Sebastian County for the Greenwood District against R. A. Rowe as administrator with the will annexed of Martha Allison, R. T. Powell and the Cherokee Construction Company. He alleged that Martha Allison died seized and possessed of ecrtain described lands in the Greenwood District of Sebastian County, and that he is the owner of an undivided one-tenth interest therein by inheritance from Samuel M. Allison, a son of the said Martha Allison, and that the said Samuel M. Allison had died intestare prior to the death of Martha…
2Cases cited27 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Meeks v. StateSupreme Court of Arkansas · 1906
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Brown v. BocquinSupreme Court of Arkansas · 1892
22 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Grace v. HildebrandtSupreme Court of Oklahoma · 1925
- Grooms v. BartlettSupreme Court of Arkansas · 1916
- McKim v. McLineySupreme Court of Arkansas · 1971
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Fletcher v. SimpsonSupreme Court of Arkansas · 1920
26 more not listed; retrieve them via the Exa API.