Horrocks v. Basham
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. The only question is the construction of the will of George L. Basham, deceased. 2. The issues here are similar tó, if not identical with, the case in 115 Ark. 400, and control the case. See also 81 Id. 480; 104 Id. 445. The chancellor erred in his construction of the will, and this court should reverse and enter judgment for Parma Collette Basham.
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Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. The only question is the construction of the will of George L. Basham, deceased. 2. The issues here are similar tó, if not identical with, the case in 115 Ark. 400, and control the case. See also 81 Id. 480; 104 Id. 445. The chancellor erred in his construction of the will, and this court should reverse and enter judgment for Parma Collette Basham. Under the will Leftridge Basham only took a life estate in the real property and not the fee simple title. It is clear from the codicil that if Leftridge died leaving any bodily…
1Opinion of the CourtMcCULLOCH, C. J.
This litigation involves a construction of the last will and testament of the late George L. Basham for the purpose of determining whether under the terms of the will the testator’s son, Leftridge Basham, took an estate in fee simple, as contended by appellee, or whether he took an estate tail, which under our statute is converted into a life estate, as contended on behalf of appellants. The instrument in question, omitting parts not material to this controversy, reads as follows :
“All the rest and residue of my estate, real and personal, I give and devise to W. B. Worthen Company, Robt. J.…
2Cases cited1 opinion
- Harrington v. CooperSupreme Court of Arkansas · 1916
3Cited by3 opinions
- Union Trust Company v. MadiganSupreme Court of Arkansas · 1931
- Baum v. FoxSupreme Court of Arkansas · 1936
- Jackson v. SanfordSupreme Court of Arkansas · 1945