Veasey v. Veasey
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Z.achariah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action against appellee to . cancel a .will made by Geo. E. B. Veasey to appellee, and to have the lands mentioned in the will, and other lands, declared the property of appellants as the heirs of Abner Veasey, deceased.
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Appeal from Drew Chancery Court; Z.achariah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action against appellee to . cancel a .will made by Geo. E. B. Veasey to appellee, and to have the lands mentioned in the will, and other lands, declared the property of appellants as the heirs of Abner Veasey, deceased. The appellants alleged, among other things, that Abner Veasey died about 1869 or 1870 seized and possessed of the lands, which they describe in their complaint, that, being aged and infirm, a short time prior to his death he conveyed all of the lands mentioned,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The deed of Abner Yeasey to George E. B. Veasey, being absolute in form, an express trust can not be grafted upon it by oral proof. Kirby’s Digest, § 3666; Robinson v. Robinson, 45 Ark. 483; Bland v. Tally, 50 Ark. 76; McDonald v. Hooker, 57 Ark. 632; Salyers v. Smith, 67 Ark. 530; Spradling v. Spradling, 101 Ark. 451.
We hardly think the testimony sufficient to overturn the deed and establish a trust ex maleficio, as that trust is defined by Mr. Pomeroy, and quoted with approval by this court in Ammonette v. Black, 73 Ark. 310, and Bragg v. Hartney, 92 Ark.…
2Cases cited5 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Ammonette v. BlackSupreme Court of Arkansas · 1904
- Bragg v. HartneySupreme Court of Arkansas · 1909
- McDonald v. HookerSupreme Court of Arkansas · 1893
- Finley v. FinleySupreme Court of Arkansas · 1912
3Cited by9 opinions
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Barron v. StuartSupreme Court of Arkansas · 1918
- Gravette v. VeachSupreme Court of Arkansas · 1932
- Moore v. OatesSupreme Court of Arkansas · 1920
- Hawkins v. ScanlonSupreme Court of Arkansas · 1947
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