Lewis v. Rutherford
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Appellants presented to the probate court of Sebastian county a petition in -which they state “that one G-. W. Lewis at the time of his death resided in Barry county, Missouri. That appellant G-. A. Lewis was, by the probate court of said county of Barry, duly appointed as his administratrix, and qualified as such.
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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Appellants presented to the probate court of Sebastian county a petition in -which they state “that one G-. W. Lewis at the time of his death resided in Barry county, Missouri. That appellant G-. A. Lewis was, by the probate court of said county of Barry, duly appointed as his administratrix, and qualified as such. That appellants Bertha M. Creed and the Commercial Bank of Monett, Mo., have claims amounting to considerable sums against said estate, which have been presented to' and duly allowed by the probate…
1Opinion of the Court
Wood, J.,
(after stating the facts). The probate court had no jurisdiction. It is well to remember that these tribunals have only such special and limited jurisdiction as~ is conferred upon them by the constitution and statutes, and can only exercise the powers expressly granted, and such as are necessarily incident thereto. Apel v. Kelsey, 52 Ark. 344; Smith v. Howard, 86 Me. 203. They have no general equity jurisdiction.
There are authorities which hold that it is the duty of an ancillary administrator to retain the funds in his hands for a pro rata distribution, according to the laws of the…
2Cases cited8 opinions
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
- Boozer v. AndersonSupreme Court of Arkansas · 1883
- Smith v. HowardSupreme Judicial Court of Maine · 1894
- Shegogg v. PerkinsSupreme Court of Arkansas · 1879
- DuVal v. MarshallSupreme Court of Arkansas · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Moss v. MooseSupreme Court of Arkansas · 1931
- Huff v. Hot Springs Savings, Trust and Guaranty Co.Supreme Court of Arkansas · 1932
- Beakley v. FordSupreme Court of Arkansas · 1916
5 more not listed; retrieve them via the Exa API.