Barlow v. Cain
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; B. É. Dudley, Judge; 1. Joseph Cain died intestate as to his personal property. Appellants are entitled to share in the personal estate. The provision is not intended as a gift to T. F. Cain, but was inserted for the purpose of naming him as executor. The provision embraces- only “notes and accounts” which can not by any sort of construction be held to include tangible property or money on hand.
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Appeal from Craighead Circuit Court, Jonesboro District; B. É. Dudley, Judge; 1. Joseph Cain died intestate as to his personal property. Appellants are entitled to share in the personal estate. The provision is not intended as a gift to T. F. Cain, but was inserted for the purpose of naming him as executor. The provision embraces- only “notes and accounts” which can not by any sort of construction be held to include tangible property or money on hand. (1) The provision was not intended as a gift to T. F. Cain. “Take full control” is not synonymous with “give” or “bequeath.” The latter words…
1Opinion of the CourtHumphreys, J.
This appeal involves the construction of the last will and testament, of Joseph Cain, deceased. The will is as follows:
“I, Joseph Cain, of the county .of Craighead, and in the State of Arkansas, being of sound mind and memory, and considering uncertainty of life, do therefore make, ordain, publish and declare this to be my last will and testament, revoking all former wills.
“That is to say, first: I commend my body to mother earth who gave it and to be buried in Christian manor; and then, after paying all my lawful debts, I give and bequeath and dispose of the residue of my estate, real and…
2Cases cited2 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Walker v. MathisSupreme Court of Arkansas · 1917
3Cited by7 opinions
- Union Trust Company v. MadiganSupreme Court of Arkansas · 1931
- Rufty v. BrantlySupreme Court of Arkansas · 1942
- In Re Estate of McMahonSupreme Court of Iowa · 1946
- Bradshaw v. PenningtonSupreme Court of Arkansas · 1955
- Owen v. LeeSupreme Court of Virginia · 1946
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