Mercantile Trust Co. v. Adams
Supreme Court of Arkansas
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.
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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
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
- Swan v. RaineySupreme Court of Arkansas · 1894
- Terre Haute & Logansport Railroad v. ErdelIndiana Supreme Court · 1902
3Cited by2 opinions
- Barker v. FuestalSupreme Court of Arkansas · 1912
- Howell v. DeadyDistrict Court, D. Oregon · 1939