Ingraham v. Sutherland
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; I. Virgil Bourlmd, Chancellor; Taking the will as a whole and construing the same in the light of attendant conditions and circumstances, as is the rule, it seems clear that the testator intended that his lands, and whatever of the balance of his estate might be left at the death of his wife and son, should be used in erecting a house of worship and a lodge. 73 Ark. 60; Id. 422; 22 Ark. 567; 38 Ark. 439; 51 Ark. 61; 52 Ark. 113; 83 Ark.…
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Appeal from Sebastian Chancery Court; I. Virgil Bourlmd, Chancellor; Taking the will as a whole and construing the same in the light of attendant conditions and circumstances, as is the rule, it seems clear that the testator intended that his lands, and whatever of the balance of his estate might be left at the death of his wife and son, should be used in erecting a house of worship and a lodge. 73 Ark. 60; Id. 422; 22 Ark. 567; 38 Ark. 439; 51 Ark. 61; 52 Ark. 113; 83 Ark. 554; Gardner on Wills, 473; 91. Ky. 621; 104 U. S. 291. The will conferred the entire estate upon the wife and son. The…
1Opinion of the Court
Battle, J-
Lee H. Ingraham and others, who are the officers of Oak Bower Lodge No. 277, of Free and Accepted Masons, brought this suit in the Sebastian Chancery Court for the Greenwood District of Sebastian County, to recover one-half of certain lands which belonged to James Yarbrough at the time of his death. They seek to recover in right of and for Oak Bower Lodge No. 277. They based their claim to the land on the last will and testament of James Yarbrough, deceased. The parts of the will upon which their claim depends are as follows:
“First, I desire that my wife, Matilda Yarbrough, and my…
2Cited by3 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- City of Haskell v. FergusonCourt of Appeals of Texas · 1933
- Witten v. WegmanSupreme Court of Arkansas · 1930