Maxwell v. Awtrey
Supreme Court of Arkansas
Appeal from Montgomery Chancery Court; J. P. Sanderson, Chancellor; STATEMENT oe eaots. Isaac L. Awtrey brought this suit in equity against Laura 0. Maxwell, as administratrix of the estate of Henry Maxwell, deceased, to enjoin her from selling the lands of said estate under orders of the probate court of Polk County, Arkansas, to pay the debts probated against said estate.
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Appeal from Montgomery Chancery Court; J. P. Sanderson, Chancellor; STATEMENT oe eaots. Isaac L. Awtrey brought this suit in equity against Laura 0. Maxwell, as administratrix of the estate of Henry Maxwell, deceased, to enjoin her from selling the lands of said estate under orders of the probate court of Polk County, Arkansas, to pay the debts probated against said estate. Henry Maxwell died intestate in Polk County, Ark., in May, 1918, owning certain personal property in that county and certain real estate in Montgomery County, Ark. He left surviving him Laura 0. Maxwell, his widow, and…
1Opinion of the Court
Hart, J.,
(after stating the facts). The decision of the chancellor was wrong. It was the duty of Mrs. Free as sole heir at law of her deceased son to allot dower to his widow in the lands belonging to his estate. She proceeded to do this by bringing a suit for that purpose in the chancery court of Montgomery County where the lands were situated and making the widow a defendant thereto. The suit was an appropriate one. The original equity jurisdiction over the subject of dower has never been doubted, and it has been uniformly held in thi's State that the statutory remedies for the allotment of…
2Cases cited2 opinions
- Kendall v. CrenshawSupreme Court of Arkansas · 1915
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Oliver v. OliverSupreme Court of Arkansas · 1931
- Wilson v. BilesSupreme Court of Arkansas · 1926
- McCormick v. McCormickOhio Supreme Court · 1931
- Smith v. GoldbySupreme Court of Arkansas · 1927
- Bingham v. RheaSupreme Court of Arkansas · 1940