Legal Opinion

Frank v. Frank

Supreme Court of Arkansas

Decided October 26, 1908PublishedCited by 12 opinions

Appeal from St. Francis Chancery Court; Bdzvard D. Robertson, Chancellor; STATEMENT BY THE COURT. John F. Frank was a resident of Memphis, Tenn., -and died there on October 6, 1904, leaving a will containing six paragraphs. The first paragraph provides for the payment of his /debts; the second is a devise of his residence to two of his daughters and one of his sons; the third provides a legacy of one thousand dollars for a grandson.

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Appeal from St. Francis Chancery Court; Bdzvard D. Robertson, Chancellor; STATEMENT BY THE COURT. John F. Frank was a resident of Memphis, Tenn., -and died there on October 6, 1904, leaving a will containing six paragraphs. The first paragraph provides for the payment of his /debts; the second is a devise of his residence to two of his daughters and one of his sons; the third provides a legacy of one thousand dollars for a grandson. The fourth is as follows: “L hereby give, devise and bequeath to my seven children and legal heirs, to-wit: Chas. F., R-obt. B., John L,., Walter A., Clara M.,…

1Opinion of the CourtHirr, C. J.

(after stating the facts). As will be seen by reference to the statement of facts, this is a bill brought by the children of John F. Frank to obtain a construction of the fourth paragraph of his will; the children maintaining that thereunder they obtained a fee simple title to the lands devised in said paragraph, and the answer of the guardian ad litem of the grandchildren maintaining that the children obtained a life estate with a vested' remainder in the grandchildren. There is no trust involved, no trust estate is created, and the excutors are not seeking aid or instruction in the…

2Cases cited10 opinions

  1. Chipman v. . MontgomeryNew York Court of Appeals · 1875
  2. Bailey v. . BriggsNew York Court of Appeals · 1874
  3. Dill v. . WisnerNew York Court of Appeals · 1882
  4. Harrison v. OwsleyIllinois Supreme Court · 1898
  5. Head v. PhillipsSupreme Court of Arkansas · 1902

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Booe v. VinsonSupreme Court of Arkansas · 1912
  2. Bowen v. FrankSupreme Court of Arkansas · 1929
  3. Jesseph v. LeveridgeSupreme Court of Arkansas · 1943
  4. Phillips v. PhillipsSupreme Court of Arkansas · 1920
  5. Howell v. WilsonSupreme Court of Georgia · 1912

7 more not listed; retrieve them via the Exa API.

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