Cash v. Cash
Supreme Court of Arkansas
Appeal from Pike Circuit Court. STATEMENT BY THE COURT. John H. Cash died intestate in Pike county in 1897, and appellant administered upon his estate. At the October term, 1897, of the probate court, Caldonia Cash, claiming to be the widow of deceased, filed her two petitions.
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Appeal from Pike Circuit Court. STATEMENT BY THE COURT. John H. Cash died intestate in Pike county in 1897, and appellant administered upon his estate. At the October term, 1897, of the probate court, Caldonia Cash, claiming to be the widow of deceased, filed her two petitions. In the first, in behalf of herself and her four minor children, she alleged that the personal estate of decedent did not exceed in value $800, and prayed that $300 in value of the same be vested in her and said minors. In the second, in behalf of herself alone, she alleged the solvency of said estate, and that she was…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Caldonia Cash admitted on the trial of the cause that she had been, but a short time before the trial, convicted of petit larceny, and this admission, made against her interest, dispensed with further proof of the fact. Having been convicted of petit larceny, she was incompetent to testify, as there is no proof she had been pardoned.
It is in evidence that she married in due form of law Jno. H. Cash. The court properly held that the presumption of law is that this was a legal marriage, and that the burden to show its illegality was upon the party attacking…
2Cited by16 opinions
- Vance v. StateSupreme Court of Arkansas · 1902
- Murchison v. GreenSupreme Court of Georgia · 1907
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Reed v. ReedSupreme Court of Georgia · 1947
- Brown v. ParksSupreme Court of Georgia · 1931
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