Groschner v. Winton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; John Brissolara, Judge; 1. Appellant had the right, under the laws of Arkansas and Oklahoma, to qualify as administrator of his son’s estate. Rev. Laws of Okla. Ann., § 6245; Kirby’s Digest, §§ 6289-90. 2. An action for death by wrongful act can be maintained in the name of the administrator. Rev. Laws Okla.
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Appeal from Sebastian Circuit Court, Fort Smith District; John Brissolara, Judge; 1. Appellant had the right, under the laws of Arkansas and Oklahoma, to qualify as administrator of his son’s estate. Rev. Laws of Okla. Ann., § 6245; Kirby’s Digest, §§ 6289-90. 2. An action for death by wrongful act can be maintained in the name of the administrator. Rev. Laws Okla. Ann., § 5281. Appellant as administrator of Gilbert, the son, appointed by the probate court of Sebastian County, could have maintained this action in the courts of Oklahoma. 16 Kan. 568. No collateral attack can be made upon the…
1Opinion of the CourtWood, J.
The facts in this case are substantially as follows: On the 28th day of March, 1899, Mary Win-ton and Fred Groschner were married and four children were born to them, one of whom was Gilbert Groschner. On the 13th of December, 1907, Mrs Groschner obtained a divorce from her husband and was awarded the custody of their minor children, and since that time and while the children were of tender years their care, education and maintenance • devolved entirely upon Mrs. Groschner. In June, 1915, Mary Winton, formerly Mrs. Groschner, moved with her children from Arkansas to Oklahoma where she and her…
2Cited by3 opinions
- Shelton v. SheltonSupreme Court of Arkansas · 1930
- Martin v. Simmons First Trust Co.Supreme Court of Arkansas · 2007
- Martin v. Simmons First Trust Co.Supreme Court of Arkansas · 2007