Legal Opinion

Gaines v. Gaines

Supreme Court of Arkansas

Decided February 1, 1915PublishedCited by 1 opinion

Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; STATEMENT BY THE COURT. Appellees brought this suit to cancel a lease executed by their mother, Lydia A. Gaines, life tenant of the property, and by their father, Abner L. Gaines, as guardian for the then mirier children of the marriage.

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Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; STATEMENT BY THE COURT. Appellees brought this suit to cancel a lease executed by their mother, Lydia A. Gaines, life tenant of the property, and by their father, Abner L. Gaines, as guardian for the then mirier children of the marriage. Appellant and appellees are the owners of a three-story brick building between Central Avenue and Valley streets in the city of Hot Springs, which is centrally located and substantially constructed. The ground floor is used for a bank and other business purposes and the rooms'on the second and…

1Opinion of the Court

Kirby, J.,

(after stating the facts). Appellant contends that appellees’ interest in the property under the deed of 'conveyance was a vested remainder, aud that the probate court had jurisdiction to authorize the execution of the lease disposing thereof, which it claims was executed in conformity to law and is a valid instrument.

There is much discussion in the briefs as£to whether the estate of the minors under the conveyance to their mother and themselves consisted of a vested or contingent remainder, but under our view, of the law, we do not find it necessary to determine this question. The…

2Cases cited7 opinions

  1. Guynn v. McCauleySupreme Court of Arkansas · 1877
  2. Apel v. KelseySupreme Court of Arkansas · 1889
  3. Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
  4. Mobbs v. MillardSupreme Court of Arkansas · 1913
  5. Morrow v. JamesSupreme Court of Arkansas · 1901

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

3Cited by1 opinion

  1. McMillan v. Malvern Gravel Co.District Court, W.D. Arkansas · 1955

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