Jacobs v. Jacobs
Supreme Court of Arkansas
Appeal from Izard Circuit Court; J. B. Balter, Judge; STATEMENT OE EAOTS. J. F. Jacobs died testate in Izard County, Arkansas, leaving surviving him his widow and several chib dren. Dee E. Jacobs was one of his children, and he died intestate, leaving surviving him Lola Jacobs, his daughter, as his sole heir at law.
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Appeal from Izard Circuit Court; J. B. Balter, Judge; STATEMENT OE EAOTS. J. F. Jacobs died testate in Izard County, Arkansas, leaving surviving him his widow and several chib dren. Dee E. Jacobs was one of his children, and he died intestate, leaving surviving him Lola Jacobs, his daughter, as his sole heir at law. She commenced this suit in •the probate court against the appellants, who are the children and devisees under the will of J. F. Jacobs, deceased, to recover her interest in the estate under section 8020 of Kirby’s Digest, which provides, in effect, that when any person shall make…
1Opinion of the CourtHabt, J.
(after stating the facts). In the case of Kennedy v. Stale, 117 Ark. 113, which was a bastardy proceeding, the court held that where a child is born in wedlock it is presumed to be legitimate, but that this presumption may be rebutted by sufficient evidence showing that the husband was impotent or entirely absent at the period in which the child in the course of nature has been begotten so that lie could not have had access to the child’s mother. The rule is about the same on the subject of descent and distribution. The question of the legitimacy or illegitimacy of the child of a married…
2Cases cited5 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- Kennedy v. StateSupreme Court of Arkansas · 1915
- Marvin v. MarvinSupreme Court of Arkansas · 1889
- Honnett v. HonnettSupreme Court of Arkansas · 1878
- Rowland v. TaylorSupreme Court of Arkansas · 1918
3Cited by20 opinions
- Bankston v. Prime West Corp.Court of Appeals of Arkansas · 1981
- Shatford v. ShatfordSupreme Court of Arkansas · 1949
- Kibler v. KiblerSupreme Court of Arkansas · 1930
- Clark v. StateCourt of Appeals of Maryland · 2001
- Morrison, Administratrix v. NicksSupreme Court of Arkansas · 1947
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