Carter v. Younger
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellee instituted this suit in the probate court for allotment of dower. She alleged that she was the widow of Samuel Younger, who died April 19, 1911, being then a citizen of Sebastian County, Arkansas, and possessed of a large amount of personal property, which was set forth in a schedule attached to the petition.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellee instituted this suit in the probate court for allotment of dower. She alleged that she was the widow of Samuel Younger, who died April 19, 1911, being then a citizen of Sebastian County, Arkansas, and possessed of a large amount of personal property, which was set forth in a schedule attached to the petition. She alleged that she was entitled to one-third of the property described; that defendants had failed to comply with her request for assignment of dower. No written pleadings were…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The petition of the appellee properly stated sufficient facts to give the probate court jurisdiction to assign her dowér in the property. Probate courts of this State are vested with jurisdiction in matters of dower. Kirby’s Digest, § 1340; Jones v. Jones, 28 Ark. 19. See Ex parte Hilliard, 50 Ark. 34; Hilliard v. Hilliard, 52 Ark. 283.
The court therefore did not err in refusing to dismiss the appellee’s petition for allotment of dower. This jurisdiction of the .court to assign dower as shown by appellee’s petition could not be defeated simply by a…
2Cases cited4 opinions
- Jones v. JonesSupreme Court of Arkansas · 1872
- Bowers v. HutchinsonSupreme Court of Arkansas · 1899
- Hilliard v. HilliardSupreme Court of Arkansas · 1887
- Hilliard v. HilliardSupreme Court of Arkansas · 1889
3Cited by13 opinions
- Arnold v. ArnoldSupreme Court of Arkansas · 1977
- Merrell v. SmithSupreme Court of Arkansas · 1956
- Kendall v. CrenshawSupreme Court of Arkansas · 1915
- O'Quin v. O'QuinSupreme Court of Arkansas · 1950
- Sherman v. ShermanSupreme Court of Arkansas · 1923
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