Fowler v. Frazier
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellee filed the following claim or statement of account against the -estate of G. W. Frazier, in the probate court of Arkansas Coun'ty: To one-half interest in on-e gin stand............$ 80.00 To .one-half interest in one boiler............... 60.00 To one-half interest in one engine............... 45.00 To on-e-third interest in American p-umip......... 20.00 To…
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Appeal from Arkansas Circuit Court, Northern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellee filed the following claim or statement of account against the -estate of G. W. Frazier, in the probate court of Arkansas Coun'ty: To one-half interest in on-e gin stand............$ 80.00 To .one-half interest in one boiler............... 60.00 To one-half interest in one engine............... 45.00 To on-e-third interest in American p-umip......... 20.00 To one-third interest in one rice drill............ 21.00 To -one-third interest in one Derring binder...... 21.00 To one-third…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) It is well settled that the probate court is without jurisdiction to try contested claims of title to property. In Shane v. Dickson, 111 Ark. 357, the court said: “The probate court has no jurisdiction of contests between an executor or administrator and third parties over property rights or the collection of debts due the estate. Its jurisdiction is confined to the administration of assets, which come under its control, and incidentally to compel the discovery .of .assets. ” Moss v. Sandefur, 15 Ark. 381; Fancher v. Kenner, 110 Ark. 117, 161 S. W.…
2Cases cited7 opinions
- Moss v. SandefurSupreme Court of Arkansas · 1854
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Fancher v. KennerSupreme Court of Arkansas · 1913
- Mobley v. AndrewsSupreme Court of Arkansas · 1891
- Tiner v. ChristianSupreme Court of Arkansas · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Ellsworth, Administrator v. CornesSupreme Court of Arkansas · 1942
- Snow v. MartensenSupreme Court of Arkansas · 1974
- Morris v. StroudeSupreme Court of Arkansas · 1916
- Holland v. BradleySupreme Court of Arkansas · 1938