Fies v. Feist
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Under the will the real estate was vested absolutely in the legatees upon the death of the testator and the ninth paragraph is irreconcilable and in conflict with the paragraphs devising a fee simple title or estate and is void. 81 Ark. 480; 3 Id. 187; 40 Cyc. 1733 and notes.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Under the will the real estate was vested absolutely in the legatees upon the death of the testator and the ninth paragraph is irreconcilable and in conflict with the paragraphs devising a fee simple title or estate and is void. 81 Ark. 480; 3 Id. 187; 40 Cyc. 1733 and notes. See, also, 95 Ark. 340; 82 Id. 213; 115 Id. 404; 112 Id. 530; 135 Id. 413. The ninth paragraph is repugnant and void, and the executor had no authority to sell the property and the court erred in its decision. 1. When the provisions of a will are in…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Jefferson Chancery County by appellee, Morris Feist, executor of the last will and testament of Sam Fies, deceased, against appellant, Mrs. Henrietta Fies, sister-in-law of the deceased, and one of the legatees under the will, for a construction of the trust created by paragraph nine of the will.
The issue joined by the pleadings presented the question as to whether appellee had the power under the ninth paragraph of the will to sell and convey the lands devised in the will.
The first paragraph of the will provided for the payment of funeral expenses and all just…
2Cited by7 opinions
- United States v. MooreSupreme Court of Arkansas · 1939
- Little Rock v. LenonSupreme Court of Arkansas · 1932
- Combs v. CombsSupreme Court of Arkansas · 1927
- Matter of Estate of LindseySupreme Court of Arkansas · 1992
- Payne v. HartSupreme Court of Arkansas · 1928
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