Sharp v. Himes
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Southern District ; J. B. Baker, Judge; 1. The probate court allowed administration and no 'person objected, nor appealed. The circuit court erred in trying the case de novo. 92 Arli. 234; 36 Id. 401; 92 Id. 611. Mere illegal allowances to an administrator are not grounds for impeaching or setting aside a settlement.
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Appeal from Sharp Circuit Court, Southern District ; J. B. Baker, Judge; 1. The probate court allowed administration and no 'person objected, nor appealed. The circuit court erred in trying the case de novo. 92 Arli. 234; 36 Id. 401; 92 Id. 611. Mere illegal allowances to an administrator are not grounds for impeaching or setting aside a settlement. The remedy is by appeal. 34 Ark. 72; 90 Id. 261; 92 Id. 611. No fraud is alleged. 2. The re-stated account shows error on its face. The widow was entitled to dower to a full one-third, iii gross, of'the entire personal estate, without any…
1Opinion of the CourtSmith, J.
This litigation arose over certain exceptions filed by appellees, as children and heirs at law of James Norris, deceased, to the settlement of their mother as administratrix of his estate. Practically every item embraced in the settlement was questioned in the probate court. The probate court passed upon these exceptions, and there was an appeal to the circuit court, where the appeal from the probate court was dismissed, and, upon appeal to this court, that action was reversed and the cause was remanded to the circuit court, with directions to reinstate the appeal. Himes v. Sharp, 123 Ark.…
2Cases cited3 opinions
- Burke v. CoolidgeSupreme Court of Arkansas · 1879
- Ex parte GroomsSupreme Court of Arkansas · 1912
- Himes v. SharpSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Holcomb v. MullinSupreme Court of Arkansas · 1925
- Sewell v. ReedSupreme Court of Arkansas · 1934
- Metcalfe v. NicholSupreme Court of Arkansas · 1955
- McGraw v. MillerSupreme Court of Arkansas · 1931