Hunkypillar v. Harrison
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Nlliott, Judge. 1. The court erred in its finding of facts. There is no evidence to sustain the finding that Pinchback did not accept the devise and legacy under the will. 2. When one accepts under a will the real and personal property of a testator, he is personally bound to pay any legacy which the will directs him to pay.
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Appeal from Jefferson Circuit Court. John M. Nlliott, Judge. 1. The court erred in its finding of facts. There is no evidence to sustain the finding that Pinchback did not accept the devise and legacy under the will. 2. When one accepts under a will the real and personal property of a testator, he is personally bound to pay any legacy which the will directs him to pay. Having accepted the gift, his liability is not limited to or by the value of the gift. 47 Ark. 263; 79 N. Y. 143; 6 Johns. Ch. 36; lb. 33; 47 Ark. 313; 9 Paige, 534; 24 N. Y. 130; 2 Redf. on Wills, p.. *304. 1. There was some…
1Opinion of the CourtBunn, C. J.
Mary J. Pinchback, wife of Prank White Pinchback, died in Jefferson county in November, 1878, having made a will, of which the following is a copy of all that affects this case, to-wit:
“Item 1. I hereby bequeath to my husband, Prank White Pinchback, all my real estate, also all my personal property, including all notes or other evidences of indebtedness, which I now hold or may accrue to the estate ; this provision in my will being that he, my husband, carry out my wishes as follows: That Prank White Pinchback, my husband, is to educate and support my niece, Mary Lula Crowell, until she…
2Cases cited9 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Hancock v. FlemingIndiana Supreme Court · 1885
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- Porter v. JacksonIndiana Supreme Court · 1884
- Van Orden v. Van OrdenNew York Supreme Court · 1813
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3Cited by2 opinions
- Mohn v. MohnSupreme Court of Iowa · 1910
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