Black v. Bailey
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; The chancellor erred in his findings of facts and conclusions of law. The trust was created for the benefit of the estate and not merely as a bounty for the children. Dr. Bailey had in mind at the time the trust was created the thought that real estate values in Fort Smith would enhance in value from year to year on account of well known public improvements contemplated.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; The chancellor erred in his findings of facts and conclusions of law. The trust was created for the benefit of the estate and not merely as a bounty for the children. Dr. Bailey had in mind at the time the trust was created the thought that real estate values in Fort Smith would enhance in value from year to year on account of well known public improvements contemplated. It was the intention of the testator to create a contingent remainder in the minor defendants by the language used in the seventh…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellee John Mayne Bailey, trustee in the will of Dr. W. W. Bailey, deceased, against the other appellees and appellants to terminate the trust provided by the will and to construe the will as vesting a fee simple title to certain real estate in Fort Smith in the petitioner and other appellees, the only children and heirs of Dr. W. W. Bailey, and not a contingent remainder in said real estate in appellants, the only grandchildren of said testator.
In substance, it was alleged in the bill that the will vested in appellees a fee simple title to said real estate,…
2Cases cited1 opinion
- Booe v. VinsonSupreme Court of Arkansas · 1912
3Cited by15 opinions
- Wallace v. WallaceSupreme Court of Arkansas · 1929
- Clemenson v. RebsamenSupreme Court of Arkansas · 1943
- Greer v. ParkerSupreme Court of Arkansas · 1946
- Pool, Trustee v. Cross County BankSupreme Court of Arkansas · 1939
- Walt v. BevisSupreme Court of Arkansas · 1967
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