Brandon v. Yeakle
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. For definition of “credit,” see Century Diet.; Webst. Diet. There can be no credit where there is no debt. Drake, Att. § 544; 135 111. 67; 3 Mass. 288. Stock in a corporation is not a credit. 10 Beav. 47; 8 Eng. Cas. 438; 30 La.
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Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. For definition of “credit,” see Century Diet.; Webst. Diet. There can be no credit where there is no debt. Drake, Att. § 544; 135 111. 67; 3 Mass. 288. Stock in a corporation is not a credit. 10 Beav. 47; 8 Eng. Cas. 438; 30 La. Ann. 1380; 5 Ala. 539; 53 Kas. 452-3; 4 Wood, 46. Nor is the interest of a partner in a partnership a credit. 4 Bates, Partnership, § 256; 12 Pet. 232; 54 Ark. 397; 26 Ark. 138'. Good will is part of the assets of an insurance partnership. 9 Neb. 261; 1 Har. 253; 27 Beav. 53; 22 Beav. 84. The term…
1Opinion of the CourtBunn, C. J.
This is an appeal from a decree of the Pulaski chancery court construing the last will and testament of the late Robt. Y. Yeakle, of the city of Little Rock.
Only two of the clauses of said will are directly involved— the third and the ninth clauses. The third clause reads as follows: “I give, devise and bequeath to my beloved mother-in-law, Mrs. Theresa E. Brandon, one-half (¿) of any balance of money I may have in any bank, together with one-half (|) of any stock, notes, bonds or other credits, of which I may die seized, such stocks, notes, bonds or other credits to be sold as soon after my…
2Cited by12 opinions
- Barney v. MaySupreme Court of Minnesota · 1917
- Child v. OrtonNew Jersey Court of Chancery · 1936
- Estate of SorensenCalifornia Court of Appeal · 1941
- In re the Estate of StiemesNew York Surrogate's Court · 1934
- Douglass v. DouglassCalifornia Court of Appeal · 1945
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