Wyatt v. Henry
Supreme Court of Arkansas
Appeal from Craighead Chancery Court; Chas D. Frierson, Chancellor; The will vested only a life estate. 51 Ark. 61; 52 Id. 113; 3 Id. 147. Under the will appellee took a fee-simple estate; that was the intention of the testator and .all wills should be construed so as to effect and carry out the intention of the testator. 2'2 Ark. 567; 73 Am. Dee. 119; 61 Ark. 366; 112 Ark. 527; Page on Wills, p. 534, § 459.
1Opinion of the CourtSmith, J.
Appellee conveyed to appellants a certain tract of land situated in Craighead County, Arkansas, by warranty deed, for the consideration there recited, a portion of which was paid in cash and the balance was evidenced by notes. It was alleged in the complaint filed in this ease that appellee was insolvent and that he was about to sell and dispose of the unpaid notes, and there was a prayer that he be enjoined from doing so. It was also alleged that appellee claimed title to the land conveyed under the will of his father, and that while he had undertaken to convey the fee to said lands, he took…
2Cited by2 opinions
- Bradshaw v. PenningtonSupreme Court of Arkansas · 1955
- Angel v. AngelSupreme Court of Arkansas · 1983