Stuckey v. Stephens
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. Appellant brought suit against the widow and children of one J. W. Stephens, and alleged in his complaint that the said Stephens died testate on or about the 11th day of July, 1906. Mr. Stephens named his wife as the executrix of his will, but she had been adjudged insane, and on the 14th of July, 1906, appellant was appointed administrator with the will annexed, and proceeded to…
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. Appellant brought suit against the widow and children of one J. W. Stephens, and alleged in his complaint that the said Stephens died testate on or about the 11th day of July, 1906. Mr. Stephens named his wife as the executrix of his will, but she had been adjudged insane, and on the 14th of July, 1906, appellant was appointed administrator with the will annexed, and proceeded to .administer on this estate. Attached to his complaint, and made an exhibit •thereto, was an itemized statement of all sums…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1-2-3) We think the demurrer in this case was properly sustained. This being a suit in equity we may look to the exhibits to ascertain the nature of the cause of action and, having done so, it appears, as is shown in the statement of facts above, that a very valuable estate, consisting of more than $10,000 in personal property, has been administered and, while the good faith of the administrator is not called in question, it appears that, as a result of the administration, he has paid only $618.58 of probated demands; in other words, Stephens only owed…
2Cases cited3 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Doke v. Benton County Lumber Co.Supreme Court of Arkansas · 1914
- Flowers v. ReeceSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Alcorn v. AlcornSupreme Court of Arkansas · 1931
- Evans v. Blytheville, Leachville & Arkansas Southern RailroadSupreme Court of Arkansas · 1921
- Reed v. Futrall, ReceiverSupreme Court of Arkansas · 1938
- Gosnell v. GarnerSupreme Court of Arkansas · 1939