Clark v. Hershy
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. R. B. Rutherford, Judge. t. The appellee elected to take, and did take under the will of Aaron, and thereby lost any right she had as heir, if Pick., 303; 77 Pa.
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APPEAL from Sebastian Circuit Court in Chancery. R. B. Rutherford, Judge. t. The appellee elected to take, and did take under the will of Aaron, and thereby lost any right she had as heir, if Pick., 303; 77 Pa. St., 160; 84. id., 402; 34 Cal., 20f; 63 III., 283. The question of election was not in issue, nor decided, in the former case. 2. The court erred as to the interest in the lands which appellee was entitled to under our statute of descents — making the calculations to verify the proposition. 3. The allowance of interest on the claim of appellee was erroneous. 20 Ark., 410. The claim…
1Opinion of the Court
Smoote, Sp. J.
This is the second time this case has been before this court. See, Hershey v. Clark, 35 Ark., p. 17.
Abram and Aaron Clark were brothers. They owned, as-tenants in common and in equal shares, certain real and personal property. Besides this, neither of them, during their' joint, lives, seems to have owned any other property. The real estate owned by them was, and is, situated in the Counties of Sebastian, Pope, Johnson, Perry and Yell.
The two brothers, during their lives, and on the nth day of May, 1850, mutually agreed, in writing, that the survivor should take and become the…
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