Barasien v. Odum
Supreme Court of Arkansas
Appeal from the Circuit Court of Independence Cou/nty. Hon. Beaufort H. Neely, Circuit Judge. . It is a serious question whether under our comprehensive administration system, as regulated by statute, there can or ought to be such a thing in this State as an executor de son tort The courts of Probate are, in the first instance, the custodian of all estates. The policy of the administration law, is to have a speedy administration of all estates.
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Appeal from the Circuit Court of Independence Cou/nty. Hon. Beaufort H. Neely, Circuit Judge. . It is a serious question whether under our comprehensive administration system, as regulated by statute, there can or ought to be such a thing in this State as an executor de son tort The courts of Probate are, in the first instance, the custodian of all estates. The policy of the administration law, is to have a speedy administration of all estates. Every facility is afforded for having letters of administration taken out by the heir, creditor, any indifferent person, or the sheriff; and the…
1Opinion of the CourtJustice HaNLY
The appellee sued the appellant as executrix de son tort of her late husband, before a justice of the peace of Independence county, on an account made by the decedent in his life time.
Judgment was rendered by tbe justice against the appellant, de bonispropriis, from which she appealed to the Circuit Court of Independence county, and upon a trial de novo in that court, judgment was again rendered against the'appellant de bónis pro-priis. Having made a motion for a new trial in the court below, and her motion overruled, she excepted, setting out, in her bill of exceptions, all the testimony…
2Cited by3 opinions
- Moren v. McCownSupreme Court of Arkansas · 1861
- Rozelle v. HarmonMissouri Court of Appeals · 1888
- Bach v. CookSupreme Court of Arkansas · 1860