Thurman v. Symonds
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The widow only took a life estate with remainder in fee to the heirs. 95 Ark. 18; 72 Id. 336; 67 Id. 517; Kirby’s Digest, § 735; 111 Ark. 58; 112 Id. 527; 51 Ark. 61; 105 Id. 571. 2. The sale was not made as executrix as required. Kirby’s Digest, § 173; 34 Ark. 151; 109 S. W. 890; 77 Id. 182. 1. Power to sell absolutely was given by the will. 112 Ark. 527. 2. She properly exercised the power. 31 Cyc. ■1150; 108 Pa.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The widow only took a life estate with remainder in fee to the heirs. 95 Ark. 18; 72 Id. 336; 67 Id. 517; Kirby’s Digest, § 735; 111 Ark. 58; 112 Id. 527; 51 Ark. 61; 105 Id. 571. 2. The sale was not made as executrix as required. Kirby’s Digest, § 173; 34 Ark. 151; 109 S. W. 890; 77 Id. 182. 1. Power to sell absolutely was given by the will. 112 Ark. 527. 2. She properly exercised the power. 31 Cyc. ■1150; 108 Pa. St. 129; 27 Atl. 1082; 86 Ark. 399; 53 Id. 185.
1Opinion of the CourtSmith, J.
Appellants brought suit to recover possession of certain lands described in their complaint. They claimed title to the lands through the will of one A. J. Meadors, which is set out and forms a part of the complaint. They alleged that at the death of the said Meadors, he left a widow, Lucinda K. Meadors, who qualified as executrix, and later conveyed certain lands which had belonged to the testator, but these conveyances were made in her individual capacity, and not as executrix, she claiming the authority so to convey under the will. The relevant portions of this will are as follows:
“II. I…
2Cases cited2 opinions
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Patty v. GoolsbySupreme Court of Arkansas · 1888
3Cited by5 opinions
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1920
- Reddin v. CottrellSupreme Court of Arkansas · 1929
- Bone v. United StatesDistrict Court, W.D. Arkansas · 1965
- Oliver v. CulpepperSupreme Court of Arkansas · 1945
- Cotner v. AllinderSupreme Court of Arkansas · 1927