Carter v. Younger
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. Appellee petitioned the probate court to allot her dower in the personal property of the estate of her deceased husband, Sam Younger. The appellants challenged the jurisdiction of the court.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. Appellee petitioned the probate court to allot her dower in the personal property of the estate of her deceased husband, Sam Younger. The appellants challenged the jurisdiction of the court. They also set up that the appellee was not entitled to any dower, for the reason, that she had entered into a separation agreement whereby for a certain consideration appellee had agreed to relinquish her dower; that such agreement had been duly performed on the part of Younger during his lifetime.…
1Opinion of the Court
. Wood, J.,
(after stating the facts). (1) I. The court did not err in refusing to require the appellee to make her reply more definite and certain. The reply, after admitting the separation agreement, and setting up that the same had been abrogated and cancelled by mutual agreement, alleged that appellee “again returned to live with her husband, Samuel Younger, deceased, by nursing, washing, hi's night shirts, providing him with food .and giving him every attention that it was possible for her to do.” This sufficiently advised the appellants of the fact that the separation agreement had been…
2Cases cited10 opinions
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- Hodges v. BayleySupreme Court of Arkansas · 1912
- Williams v. WaldenSupreme Court of Arkansas · 1907
- Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909
- Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
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3Cited by11 opinions
- Whitlow v. DurstCalifornia Supreme Court · 1942
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- Hill v. TalbertSupreme Court of Arkansas · 1946
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