Cox v. Britt
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court in Chancery. Hon. Len. B. GReen, Circuit Judge. It was clearly the intention of the testatrix to give to her daughter only a life estate in the property in dispute ; and that after death the property should go to her children. And according to the recognized construction of wills, the latter clause of the bequest in this case which, probably, was unintelligible to the testatrix, will not be allowed to defeat her manifest intention.
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Appeal from Hempstead Circuit Court in Chancery. Hon. Len. B. GReen, Circuit Judge. It was clearly the intention of the testatrix to give to her daughter only a life estate in the property in dispute ; and that after death the property should go to her children. And according to the recognized construction of wills, the latter clause of the bequest in this case which, probably, was unintelligible to the testatrix, will not be allowed to defeat her manifest intention. Sims vs. Doughty, 5 Ves. Jr. 246, notes', Covenhaven vs. Shu-ler 2 Paige ISO; Jesson vs. Wright 2 Bligh’s Rsp. 56; Bartlett vs.…
1Opinion of the CourtJustice Compton
On the 13th November, 1841, Sarah Walker, then living in North Carolina and being the owner of certain negro slaves, made a vkill, by which, as is insisted for the appellants, she devised said slaves to her daughter Nancy Johnson — then the wife of Earkin Johnson — for life, with remainder to the children of the said Nancy. After the decease of Mrs. Walker, her will was duly admitted to probate in North Carolina, and Lar-kin Johnson who wms appointed executor thereof, qualified as . such, and took possession of the slaves. Sometime in the year 1849, he, with his wife and their children, and…
2Cases cited2 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Morton v. BarrettSupreme Judicial Court of Maine · 1843
3Cited by8 opinions
- Cross v. ManningSupreme Court of Arkansas · 1947
- Little v. McGuireSupreme Court of Arkansas · 1914
- Little Rock v. LenonSupreme Court of Arkansas · 1932
- Gist v. PettusSupreme Court of Arkansas · 1914
- Baum v. FoxSupreme Court of Arkansas · 1936
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