Adamson v. Parker
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court, Second Division. STATEMENT BY THE COURT. This is an appeal from a judgment of the circuit court rendered on appeal from the Pulaski Probate Court, refusing an order for the sale of lands of the decedent and revoking the letters of administration issued to appellant upon the estate of said David Lowe, deceased.
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Appeal from Pulaski Chancery Court, Second Division. STATEMENT BY THE COURT. This is an appeal from a judgment of the circuit court rendered on appeal from the Pulaski Probate Court, refusing an order for the sale of lands of the decedent and revoking the letters of administration issued to appellant upon the estate of said David Lowe, deceased. Lowe left a will, by which he gave all of his property to his wife for life, with remainder in fee to his.brother, appellee Austin Parker. Upon application of a creditor of the estate, letters of administration with the will annexed were issued to…
1Opinion of the Court
McCuluoch, J.,
(after stating the facts.) 1. No necessity for the sale of real estate, either at'the time of granting of the order in the probate court or the hearing in the circuit court, was shown. All the debts of the estate had been paid by the devisee under the will, and, at most, only a small amount of the cost of administration remained unpaid. No showing is made that funds could not be realized from rents of the property to pay the cost of administration. If it be conceded that any part of the lands of the estate could have been legally sold to pay the cost of administration, the…
2Cases cited2 opinions
- Reynolds v. Canal & Banking Co.Supreme Court of Arkansas · 1875
- Bell Ex parteSupreme Court of Arkansas · 1853
3Cited by5 opinions
- Jarvis v. DrewCourt of Appeals of Texas · 1919
- Hill v. ZanoneSupreme Court of Arkansas · 1931
- Bieatt v. EcholsSupreme Court of Arkansas · 1930
- Raley v. GraysonSupreme Court of Arkansas · 1932
- Jarvis v. DrewCourt of Appeals of Texas · 1919