McDonald v. Shaw
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; I. Virgil Bourland, Chancellor; 1. The will of John Hare was void, as his only child was not mentioned in his will. His -child' took title to all -his real estate at his death as his only heir. Kirby’s Dig., § 8020; 23 Ark. 569; 70 Id. 483. 2. The doctrine o-f -election can not be invoked.
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Appeal from Sebastian Chancery Court; I. Virgil Bourland, Chancellor; 1. The will of John Hare was void, as his only child was not mentioned in his will. His -child' took title to all -his real estate at his death as his only heir. Kirby’s Dig., § 8020; 23 Ark. 569; 70 Id. 483. 2. The doctrine o-f -election can not be invoked. In order to • create the -condition for an election, it must clearly appear that the testator undertakes to 'dispose of some property belonging to the person called upon to -elect. 2. Jarman on Wills, p. 1, Am. Notes by Randolph & Talcott; Story, Eq. Jur., § 1075; 41…
1Opinion of the CourtMcCulloch, C. J.
Ella Hare, who is and has been since she was an infant of tender years an imbecile, instituted separate actions by .her guardian against certain defendants to ‘ recover possession of real estate in the city of Fort Smith, title to which is asserted for her by inheritance from her father, John flare, who is shown to have owned it at the time of his death. The defendants filed separate answers and cross-complaints, praying tha. the actions be transferred to the chancery court. They each alleged, in substance, that they held the property in controversy, and claimed title thereto by purchase and…
2Cases cited7 opinions
- Havens v. . Sackett and HavensNew York Court of Appeals · 1857
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
- Penn v. GuggenheimerSupreme Court of Virginia · 1882
- McDonald v. ShawSupreme Court of Arkansas · 1906
- Fitzhugh v. HubbardSupreme Court of Arkansas · 1883
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3Cited by19 opinions
- Askew v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1955
- Tassi v. TassiCalifornia Court of Appeal · 1958
- Mason v. PearsonCourt of Appeals of Tennessee · 1983
- McCracken v. McBeeSupreme Court of Arkansas · 1910
- Abel v. DickinsonSupreme Court of Arkansas · 1971
14 more not listed; retrieve them via the Exa API.