McLeod v. Griffis
Supreme Court of Arkansas
APPEAL from Lee Circuit Court in Chancery. Hon.’M. T. Sanders, Circuit Judge.. • While the bill charges fraud., yet the fraud is to be inferred from the settlements of the administrator, and consists solely in his failure to charge himself with a sufficient debit on proceeds of a saw-mill, and in being allowed improper credits. These were mere irregularities or errors, correctable only by appeal.
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APPEAL from Lee Circuit Court in Chancery. Hon.’M. T. Sanders, Circuit Judge.. • While the bill charges fraud., yet the fraud is to be inferred from the settlements of the administrator, and consists solely in his failure to charge himself with a sufficient debit on proceeds of a saw-mill, and in being allowed improper credits. These were mere irregularities or errors, correctable only by appeal. The estate was finally settled in the probate court, which had exclusive jurisdiction of the matter. No exceptions were filed, nor any appeal taken; yet within the tipie allowed for an appeal this…
1Opinion of the Court
Hon. Sol. F. Clark, Special Judge.
In September, 1875, Bernard McLeod, a resident of Lee county, died intestate, leaving considerable estate in personal property and in lands, leaving a widow, Emma McLeod, and three children, Bettie, Kate and Mamie, his sole heirs at law, and the latter two (Kate and Mamie) infants under the age of twenty-one years.
Letters of administration were granted to the appellant, 'Geo. W. McLeod, who was a brother of the deceased, on the 22d day of September, 1875, and having given bond, with the defendants, Emma Griffis, H. N. Hutton, B. B. Nunnally, F. M. Hill, J. H.…
2Cases cited1 opinion
- Dudley v. . MayhewNew York Court of Appeals · 1849
3Cited by6 opinions
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- Fidelity & Deposit Co. v. FairfieldSupreme Court of Arkansas · 1924
- Eagle v. TerrellSupreme Court of Arkansas · 1910
- Shafford v. ReedOregon Supreme Court · 1926
- Estate of Miller v. MillerDistrict Court, E.D. Arkansas · 2014
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