Legal Opinion

Mercantile Trust Co. v. Adams

Supreme Court of Arkansas

Decided June 6, 1910PublishedCited by 2 opinions

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Wills should be so construed as to carry out the intention of the testator. 75 Ark. 19. The first taker under the will took only a life estate, and the fee passes to the person who would take as heir of the first taker. 44 Ark. 458; 58 Ark. 403; 67 Ark. 517; 72 Ark. 336; 49 Ark. 125. Mrs. Bard’s life estate was forfeited by the tax sale to Mercer.

Read the full summary

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Wills should be so construed as to carry out the intention of the testator. 75 Ark. 19. The first taker under the will took only a life estate, and the fee passes to the person who would take as heir of the first taker. 44 Ark. 458; 58 Ark. 403; 67 Ark. 517; 72 Ark. 336; 49 Ark. 125. Mrs. Bard’s life estate was forfeited by the tax sale to Mercer. Kirby’s Dig., § 7132; 59 Ark. 364; 80 Ark. 583. Section 735, Kirby’s Digest, does not apply to wills. Id. § 738. Courts will, on discovering that they have rendered an opinion in…

1Opinion of the CourtBattle, J.

We adopt appellant’s abstract of the pleadings in this case, which is as follows:

“Howard Adams, as trustee of the People’s Savings Bank, commenced suit on March 18, 1908, in the Pulaski Chancery-Court against W. D. Bard, Alice R. Bard, -his wife, R. W. Porter, trustee for the Citizens’ Investment & Security Company, as. agents, P. H. Fullinwider and - Smith, seeking to foreclose a mortgage executed by W. D. Bard and Alice R.. Bard, his wife, to Howard Adams, as trustee, on the 21st of April, 1903. The property is described as lot 6 and the south half of lot 5, in block 23, city of Tittle…

2Cases cited3 opinions

  1. Bernstein v. BrambleSupreme Court of Arkansas · 1907
  2. Swan v. RaineySupreme Court of Arkansas · 1894
  3. Terre Haute & Logansport Railroad v. ErdelIndiana Supreme Court · 1902

3Cited by2 opinions

  1. Barker v. FuestalSupreme Court of Arkansas · 1912
  2. Howell v. DeadyDistrict Court, D. Oregon · 1939

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API