Legal Opinion

Watson v. Wolff-Goldman Realty Co.

Supreme Court of Arkansas

Decided May 2, 1910PublishedCited by 42 opinions

Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. On the 1st day of January, 1875, Atlas J. Dodd executed the following deed to certain lands in Jackson County, Arkansas: “Know all men by these presents that I, Atlas J. Dodd, for and in consideration of the natural love and affection that I have for my daughter, Martha F., and for the further sum of one dollar to be paid by the said Martha Florence, my daughter, do hereby grant,…

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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. On the 1st day of January, 1875, Atlas J. Dodd executed the following deed to certain lands in Jackson County, Arkansas: “Know all men by these presents that I, Atlas J. Dodd, for and in consideration of the natural love and affection that I have for my daughter, Martha F., and for the further sum of one dollar to be paid by the said Martha Florence, my daughter, do hereby grant, bargain and sell unto the said Martha Florence and unto her bodily heirs and assigns forever the following lands: (Here…

1Opinion of the Court

Hart, J.,

(after stating the facts). In this State no distinction is made between the meaning of the words “bodily heirs” and “heirs of the body,” when used in a conveyance, and it is a principle firmly established in this State that, under section 735 of Kirby’s Digest, a deed of conveyance to the grantee and his bodily heirs creates a life estate in the grantee with the remainder in fee simple in his children that survive him, and the issue of such as die during'his life per stirpes. Horsley v. Hilburn, 44 Ark. 459; Wilmans v. Robinson, 67 Ark. 517.

So it may be said that the rule of…

2Cases cited4 opinions

  1. Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
  2. Kollock v. WebbSupreme Court of Georgia · 1901
  3. Wilmans v. RobinsonSupreme Court of Arkansas · 1900
  4. Corbin v. HealyMassachusetts Supreme Judicial Court · 1838

3Cited by42 opinions

  1. Galloway v. DarbySupreme Court of Arkansas · 1912
  2. Wynn v. Sklar & Phillips Oil CompanySupreme Court of Arkansas · 1973
  3. Dempsey v. DavisSupreme Court of Arkansas · 1911
  4. Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
  5. Rogers v. OgburnSupreme Court of Arkansas · 1915

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