Roberts v. Pratt
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; J. E. Marti-neau, Chancellor; The only issues are, (1) Can a parol express trust be engrafted upon the absolute administratrix’s deed? (b) Are the appellees estopped by the fact that they agreed to or permitted the conveyance of the lots to Q-abe Pratt, Jr., by a deed absolute on its face? 1. A parol trust can not be engrafted upon the absolute administratrix’s deed.
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Appeal from Pulaski Chancery Court; J. E. Marti-neau, Chancellor; The only issues are, (1) Can a parol express trust be engrafted upon the absolute administratrix’s deed? (b) Are the appellees estopped by the fact that they agreed to or permitted the conveyance of the lots to Q-abe Pratt, Jr., by a deed absolute on its face? 1. A parol trust can not be engrafted upon the absolute administratrix’s deed. Kirby’s Digest, §§ 3666-7. These sections prohibit the creation of express trusts by parol, but do not prohibit the creation of implied trusts by parol. 73 Ark. 310, 312-13. There was no trust…
1Opinion of the CourtMcCulloch, C. J.
Cabe Pratt was the owner of two lots in the city of North Little Rock and died intestate, survived by his widow and children, who are appellees in this case. The widow of Gabe Pratt administered on the estate under the orders of the probate court of Pulaski County, and for the purpose of raising funds to pay debts of the estate she sold said lots pursuant to the orders of said probate court; all the proceedings being regular and in accordance with the statute governing such sales. The lots were duly appraised at the sum of $1,300, and at the sale G-abe Pratt, Jr., one of the children and…
2Cases cited3 opinions
- Ammonette v. BlackSupreme Court of Arkansas · 1904
- Bland v. TalleySupreme Court of Arkansas · 1887
- W. B. Worthen Co. v. VoglerSupreme Court of Arkansas · 1920
3Cited by2 opinions
- George v. DonohueSupreme Court of Arkansas · 1935
- Pharr v. FinkSupreme Court of Arkansas · 1922