Gray v. McGuire
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; Mrs. Mattie E. McGuire, under the rule in Shelley’s case, acquired the fee simple title under the fourth clause of the will of Mrs. Laura Ewing.
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; Mrs. Mattie E. McGuire, under the rule in Shelley’s case, acquired the fee simple title under the fourth clause of the will of Mrs. Laura Ewing. The language is plain and unambiguous, and evidence of the testator’s intention not admissible nor competent to sustain a different meaning. 40 Cyc. 1433; Jones on Ev., p. 599, § 475; 40 Cyc. 1436. Mrs. McGuire took the fee simple estate. 58 Ark. 303; 129 Id. 155. 1. Only a life estate passed to Mrs. McGuire under the will Under the terms of Mrs. Ewing’s will, the rule in Shelley’s…
1Opinion of the CourtHumphreys, J.
This suit was brought by appellee in the Jackson Chancery Court against appellants, to construe the will of Mrs. Laura C. Ewing, in which request the trustee in succession, in the last will of Mrs. Mattie E. McGuire, joined in his answer after service of summons had upon him. Proper service was obtained upon the minors, alter which Claude Erwin was appointed guardian ad litem for them. As such guardian ad litem, he filed answer specifically denying each and every material allegation in the bill. The cause was heard upon the pleadings, the duly probated will of Mrs. Laura C. Ewing, the duly…
2Cases cited10 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
- Hardage v. StroopeSupreme Court of Arkansas · 1893
- Dempsey v. DavisSupreme Court of Arkansas · 1911
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
- Eversmeyer v. McCollumSupreme Court of Arkansas · 1926
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Adams v. EagleSupreme Court of Arkansas · 1937
- United States v. 48.9 Acres of Land in Pike CountyDistrict Court, W.D. Arkansas · 1949
3 more not listed; retrieve them via the Exa API.