Booe v. Vinson
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Northern District; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This suit was brought by Carrie and Bennie Vinson, devisees under the will of Howard Beine, against the executor of his estate and all other of his relatives for a construction of the will and a determination of their rights in the estate thereunder.
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Appeal from Prairie Chancery Court, Northern District; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This suit was brought by Carrie and Bennie Vinson, devisees under the will of Howard Beine, against the executor of his estate and all other of his relatives for a construction of the will and a determination of their rights in the estate thereunder. Howard Beine died in Prairie County, Arkansas, in December, 1907’, testate, and disposed of all his estate by will, which was duly probated, and contained the following, among other, clauses: “All my estate, real, personal and mixed, I give…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended, first, that the court was without jurisdiction of the suit, it being one only by the heirs to construe the will of a testator.
This would be correct if no trust were attempted to be created or involved under the terms of the will. Our court has frequently approved this statement of the law, that the “special equitable jurisdiction to construe wills is simply an incident to the general jurisdiction over trusts, and that a court of equity will never entertain a suit brought solely for the purpose of interpreting the provisions of a will…
2Cases cited18 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Skinner v. SpannIndiana Supreme Court · 1911
- Cockrill v. ArmstrongSupreme Court of Arkansas · 1876
- Northern Trust Co. v. WheatonIllinois Supreme Court · 1911
- Maynard v. CleavesMassachusetts Supreme Judicial Court · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Union Trust Company v. MadiganSupreme Court of Arkansas · 1931
- Hurst v. HilderbrandtSupreme Court of Arkansas · 1928
- Myers v. Hardin, AdministratorSupreme Court of Arkansas · 1945
- Wallace v. WallaceSupreme Court of Arkansas · 1929
38 more not listed; retrieve them via the Exa API.