Branstetter v. Branstetter
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The evidence shows conclusively that appellant M. S. Branstetter was the owner of an undivided one-half interest in the land by virtue of a deed from P. A. Douglas, ¡and in addition is entitled to whatsoever interest was devised to him by the will of his father. 2. The original will was duly executed 'and attested.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The evidence shows conclusively that appellant M. S. Branstetter was the owner of an undivided one-half interest in the land by virtue of a deed from P. A. Douglas, ¡and in addition is entitled to whatsoever interest was devised to him by the will of his father. 2. The original will was duly executed 'and attested. If a codicil was added it was never attested, and did not revoke nor change the original will. Kirby’s Digest, § 8012; 85 Ark. 363. 3. But if the codicil is a part of the will, the court erred in the construction…
1Opinion of the Court
WOOD, J.,
(after stating the facts). Appellees demurred to the complaint on the ground that the court did not have jurisdiction, and the demurrer was overruled and they excepted to the ruling, but they did not stand on the demurrer, and afterwards answered and have not urged in their brief that the court erred in taking jurisdiction of the case. While the complaint does not state expressly that the appellants, or any of them, are in possession of the land, it does set up that improvements were made, and taking the complaint all together, it should be treated as one where the appellants, or…
2Cases cited10 opinions
- Wood v. WoodSupreme Court of Arkansas · 1894
- Davie v. DavieSupreme Court of Arkansas · 1889
- Clark v. LesserSupreme Court of Arkansas · 1913
- Brown v. NorvellSupreme Court of Arkansas · 1909
- Hargus v. HayesSupreme Court of Arkansas · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bell v. WilsonSupreme Court of Arkansas · 1989
- Smith v. SmithSupreme Court of Arkansas · 1962
- Stuart v. BarronSupreme Court of Arkansas · 1921
- Ashmore v. HaysSupreme Court of Arkansas · 1923
- McGuffey v. McGuffeySupreme Court of Arkansas · 1947