King v. Stevens
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; G. W. Smith, Judge; STATEMENT OE EACTS. Mrs. Mary King, administratrix of the estate of Mrs. Virginia Smith, deceased, commenced this proceeding in the probate court by filing exceptions to the final account current of Henry Stevens, as the executor of. the will of E. D. Smith, deceased. The judgment of the probate court was in favor of the execution, and the administratrix appealed to the circuit court.
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Appeal from Columbia Circuit Court; G. W. Smith, Judge; STATEMENT OE EACTS. Mrs. Mary King, administratrix of the estate of Mrs. Virginia Smith, deceased, commenced this proceeding in the probate court by filing exceptions to the final account current of Henry Stevens, as the executor of. the will of E. D. Smith, deceased. The judgment of the probate court was in favor of the execution, and the administratrix appealed to the circuit court. The facts are as follows: E. D¡ Smith died testate in Columbia County, Arkansas, leaving surviving him his widow, Mrs. Virginia Smith, and his daughter,…
1Opinion of the CourtHart, J.
(after stating the facts). It is first sought to uphold the judgment on the ground that the probate court had no jurisdiction. It is true, as held in Shane v. Dickson, 111 Ark. 353, that the probate court has no jurisdiction of a contest between an executor and others over property rights, and that its jurisdiction is confined to the administration of the assets which come under its control.
It is equally well settled, however, that where the question of title to property arises collaterally as a necessary incident to the determination of other matters, which are within the court’s…
2Cases cited4 opinions
- Westcott v. CadyNew York Court of Chancery · 1821
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- McCall v. LeeIllinois Supreme Court · 1887
- Shane v. DicksonSupreme Court of Arkansas · 1914
3Cited by10 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Gordon v. ClarkSupreme Court of Arkansas · 1921
- Ellsworth, Administrator v. CornesSupreme Court of Arkansas · 1942
- Snow v. MartensenSupreme Court of Arkansas · 1974
- Owen v. DumasSupreme Court of Arkansas · 1940
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