Legal Opinion · Dissent

Gentry v. Richardson

Supreme Court of Arkansas

Decided February 10, 1958No. 5-1443Published

1DissentCarleton Harris, Chief Justice

I desire to emphatically dissent to the holding of the majority, which, in my opinion, upsets established law and custom.

While Section 62-2208, Ark. Stats. (1947) Anno., authorizes a personal representative to employ legal counsel, a careful reading of the section seems to denote that it only has reference to handling the “ordinary” affairs of an estate, and I find nothing therein which authorizes a personal representative to enter into a contract with an attorney for the prosecution of litigation on behalf of the estate. While it is true that a court will generally follow the preference of…

2Cases cited4 opinions

  1. Carpenter v. HazelSupreme Court of Arkansas · 1917
  2. Johnson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1921
  3. Brod v. BrodSupreme Court of Arkansas · 1957
  4. Gilleylen v. HallmanSupreme Court of Arkansas · 1919

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