Sansom v. Harrell
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court in Chancery. J. W. Martin, Judge. The probate court had no jurisdiction to make the order. Mansf.
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APPEAL from Faulkner Circuit Court in Chancery. J. W. Martin, Judge. The probate court had no jurisdiction to make the order. Mansf. Dig., sec. 3; 33 Ark., 824; 38 Id., 243. The order fails to recite jurisdictional facts, but on the contrary fehows affirmatively that the court did not undertake to determine the value of the estate, nor to vest the entire estate, but did undertake to vest the land in controversy in the widow after determining its value alone, without regard to the rest of the estate. 33 Ark., 824. The order was void. The probate court had jurisdiction. Mansf. Dig., sec. 3 ;…
1Opinion of the CourtBattle, J.
In 1876 Thaddeus W. Sansom died, at his late residence in Faulkner county, intestate, leaving surviving him a widow and three minor children. At the time of his death he was the owner of a tract of land, which he and his family resided upon and occupied as a homestead when he died. It was in the country and consisted of about eighty acres and did not exceed three hundred dollars in value. He had no other homestead. A short time after his decease and during the minority of his children, his widow presented a petition to the probate court for an order to vest the land in her absolutely,…
2Cases cited1 opinion
- Hahn v. KellyCalifornia Supreme Court · 1868
3Cited by6 opinions
- Hildebrand v. GravesSupreme Court of Arkansas · 1925
- Smith v. ScottSupreme Court of Arkansas · 1909
- Gatlin v. LafonSupreme Court of Arkansas · 1910
- Hill v. HillCourt of Appeals for the Eighth Circuit · 1917
- Merrill v. HarrisSupreme Court of Arkansas · 1898
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