Helm v. Leggett
Supreme Court of Arkansas
Appeal from Independence circuit court in chancery. Richard H. Powell, Judge. The condition of the bequest was void because in restraint of marriage. 4 Kent, Com. side page 130; 1 Story, Eq. § 274. The widow can not be deprived of her homestead right by any act of the husband. Thomp.
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Appeal from Independence circuit court in chancery. Richard H. Powell, Judge. The condition of the bequest was void because in restraint of marriage. 4 Kent, Com. side page 130; 1 Story, Eq. § 274. The widow can not be deprived of her homestead right by any act of the husband. Thomp. Horn. & Ex. §§ 690, 589, 590, 280; Sand. &. H. Dig. §§ 3713, 3714; Const, of Ark., art. 9, §§ 3, 6. She is entitled to it against heirs as well as creditiors. 31 Ark. 145; 33 Ark. 399. A devise to a widow during widowhood is valid. L. R. 1 Ch. Div. 403; 2 Wh. & Tud. L. Cas. Eq. 105; 24 Ga. 139; 12 111. 424; 26…
1Opinion of the CourtBattle, J.
George L. Massey died at his residence in Independence county, in this state, in the year 1891, leaving surviving him Sarah J. Massey, his widow, and Ida Leggett, Edwin L. Massey, Harry M. Massey, and Louis O’Neal Massey, his only children and heirs at law. He left a last will and testament, by which he made a devise as follows: “I give and devise unto my wife, Sarah J. Massey, for the period of her natural life, or so long as she shall remain my widow, the following described lands, to-wit: [Here he describes the land.] My said wife to have the sole use and control of said lands devised to…
2Cases cited5 opinions
- Bostick v. BladesCourt of Appeals of Maryland · 1883
- Bennett v. RobinsonSupreme Court of Pennsylvania · 1840
- Stokes v. PillowSupreme Court of Arkansas · 1897
- Phillips v. MedburySupreme Court of Connecticut · 1829
- Snider v. NewsomSupreme Court of Georgia · 1858
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