Boyd v. Boyd
Supreme Court of Arkansas
Appeal from Searcy 'Chancery 'Court; T. E. Humphrey s, Chancellor; STATEMENT BY THE COURT. W. F. Boyd died on the 2d day of April, 1912, leaving surviving him his widow, g. J. Boyd, and his son, C. A. Boyd, and his grandson, Haco Boyd a youth about ten years of age. This suit was instituted by S. Gr. Daniel, as administrator of the estate of W. F. Boyd, and by Haco Boyd, through Ms mother as next friend.
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Appeal from Searcy 'Chancery 'Court; T. E. Humphrey s, Chancellor; STATEMENT BY THE COURT. W. F. Boyd died on the 2d day of April, 1912, leaving surviving him his widow, g. J. Boyd, and his son, C. A. Boyd, and his grandson, Haco Boyd a youth about ten years of age. This suit was instituted by S. Gr. Daniel, as administrator of the estate of W. F. Boyd, and by Haco Boyd, through Ms mother as next friend. The complaint alleged that W. F. Boyd died siezed of certain lots and parcels of land in Searcy County, which are described, and also that he owned certain personal property consisting of…
1Opinion of the CourtWood, J.
(-after stating the facts). (1) The first question is whether or not William Boyd, at the time of the execution of the deed, and of the alleged transfer of personal property, had sufficient mental capacity to understand the nature and effect of these transactions. This is purely an issue of fact which must be determined by the preponderance of the evidence.
William Boyd, for over a year before his death, had been afflicted with -cancer. This disease gradually preyed upon his vitals until he finally died from exhaustion. The testimony is conflicting, but the finding of the chancellor that Wm.…
2Cases cited3 opinions
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- Graves v. WhiteTennessee Supreme Court · 1874
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- Fender v. FoustMontana Supreme Court · 1928
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