O'Connor v. Rowland
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. John P. Brackville died December 6, 1877, left surviving him his widow and nine children.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. John P. Brackville died December 6, 1877, left surviving him his widow and nine children. He owned two tracts of land and some personal property, and he disposed of it by a will, the material portions of which, so far as this action is concerned, are as follows: “I, John P. Brackville, of the county of Pulaski, State of Arkansas, being of sound mind and disposing memory, do make and ordain this as my last will and testament. “1. I bequeath to Lafayette Brackville the north half of northeast section 17,…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action of ejectment brought by plaintiff to recover an undivided interest in certain lands which belonged to her father, and which rvere devised by his will. The only question we need consider is whether Lafayette Brackville, a devisee under that will, and whose widow and heirs are defendants in this action, took an estate in fee or only a life estate in the land devised to him by the will.
An inspection of the will shows that no definite estate was given Lafayette Brackville. The testator by the first paragraph of the will devises to him…
2Cases cited1 opinion
- Defreese v. LakeMichigan Supreme Court · 1896
3Cited by2 opinions
- Norris v. JohnsonSupreme Court of Arkansas · 1921
- Lester v. KirtleySupreme Court of Arkansas · 1907