Legal Opinion

Hill's Administrators v. Mitchell

Supreme Court of Arkansas

Decided July 15, 1844PublishedCited by 12 opinions

This was an appeal from the probate court of Washington county, determined in the Washington circuit court, in January, 1843, before the Hon. Joseph M. Hoge, one of the circuit judges. John and W. D. Reagan, as administrators of Benton G. Hill, presented their account of administration in the probate court, for settlement, which was objected to by certain creditors of the estate, and from the decision made, an appeal was taken to the circuit court.

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This was an appeal from the probate court of Washington county, determined in the Washington circuit court, in January, 1843, before the Hon. Joseph M. Hoge, one of the circuit judges. John and W. D. Reagan, as administrators of Benton G. Hill, presented their account of administration in the probate court, for settlement, which was objected to by certain creditors of the estate, and from the decision made, an appeal was taken to the circuit court. Objections were made in the circuit court to entertaining the appeal, but overruled. The administrator’s account showed that the assets which had…

1Opinion of the CourtLacy, J.

In order to decide correctly the several points'arising in this cause, we shall be compelled to examine very fully the-statutes .regulating the proceedings in dower and administration.. The transcript now before us presents these questions:

First, What estate does a tenant in dower take in lands, slaves and personal property ?

• Secondly, To whom do these estates descend, and at what time do they vest? And,

Third, By whom is dower to be assigned, and in what manner?

It is difficult to trace the true origin of dower, but all writers admit it to be of great antiquity. It is probable that it first…

2Cases cited1 opinion

  1. People ex rel. M'Kinch v. Directors of Bristol & Rensselaerville Turnpike RoadNew York Supreme Court · 1840

3Cited by12 opinions

  1. Horn v. WhiteSupreme Court of Arkansas · 1955
  2. McDaniel v. ByrkettSupreme Court of Arkansas · 1915
  3. In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
  4. Arbaugh v. WestSupreme Court of Arkansas · 1917
  5. Johnson v. JohnsonSupreme Court of Arkansas · 1909

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