Webb v. Webb
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellee in the Sebastian Chancery Court, for the Fort Smith District, against appellants to set aside certain deeds executed between tbe parties in tbe division of tbe estate of one Charles Webb, deceased, the husband of the appellee, and the son and brother of the appellants.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellee in the Sebastian Chancery Court, for the Fort Smith District, against appellants to set aside certain deeds executed between tbe parties in tbe division of tbe estate of one Charles Webb, deceased, the husband of the appellee, and the son and brother of the appellants. Appellee set up, in short, that the deeds which she sought to set aside were all executed through fraud practiced upon her by the appellants, and through and under a misapprehension by…
1Opinion of the Court
Wood, J.,
(after stating the facts). Counsel for appellee are correct in saying that the decision of this case turns upon the construction of the will. This court early announced that “The leading rule'in the construction of wills, is to give effect to what appears to be the intention of the testator in view of all the provisions of the will.” See Campbell v. Campbell, 13 Ark. 513-518; Cockrill v. Armstrong, 31 Ark. 580; Bloom v. Strauss, 73 Ark, 56; Galloway v. Darby, 105 Ark. 558. See, also, 40 Cyc. 1386; 1 Jarman on Wills, 33, and note; 30 A. & E. Ency. Law (2 ed.), 661.
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2Cases cited5 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Cockrill v. ArmstrongSupreme Court of Arkansas · 1876
- Gregory v. WelchSupreme Court of Arkansas · 1909
3Cited by18 opinions
- Doolittle v. McConnellCalifornia Court of Appeal · 1924
- Wooldridge v. GilmanSupreme Court of Arkansas · 1926
- Metzgar v. RodgersCourt of Appeals of Arkansas · 2003
- LeFlore v. HandlinSupreme Court of Arkansas · 1922
- Cook v. WorthingtonSupreme Court of Arkansas · 1915
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