Legal Opinion

Wilson v. Massie

Supreme Court of Arkansas

Decided December 14, 1901PublishedCited by 10 opinions

Appeal from Hempstead Circuit Court.' Joel D. Conway, Judge. Under Mansf. Dig., § 3, the value of both real and personal property is to be estimated in determining the rights of the widow. 33 Ark. 824; 38 Ark. 243. Section 3, Mansf.

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Appeal from Hempstead Circuit Court.' Joel D. Conway, Judge. Under Mansf. Dig., § 3, the value of both real and personal property is to be estimated in determining the rights of the widow. 33 Ark. 824; 38 Ark. 243. Section 3, Mansf. Dig., is not repealed by the act of April 1, 1887. Eepeals by implication are not favored; and if two acts can be so construed that both may stand in whole or in part, it will be done. 11 Ark. 103; 23 Ark. 304; 26 Ark. 124; 28 Ark. 317; 29 Ark. 225; 41 Ark. 149; 50 Ark. 132; 53 Ark. 417; 54 Ark. 346; 56 Ark. 45; 45 Am. St. 928; 41 id. 663; 47 id. 724; 62 id. 764.…

1Opinion of the CourtBattle, J.

Section 3 of Mansfield’s Digest reads thus: “When anyone shall die leaving a widow or children, and it shall be made to appear to the probate court that the estate of the deceased does not exceed three hundred dollars, the court shall make an order that the estate vest absolutely in the widow or children, as the case may be; and in ají cases where the estate does not exceed eight hundred dollars the widow or children, as the case may be, shall be entitled to retain the amount of three hundred dollars of the property at cash price.”

Section 1 of an act entitled “An act to provide allowances for…

2Cases cited5 opinions

  1. Dowell v. TuckerSupreme Court of Arkansas · 1885
  2. Wood v. StateSupreme Court of Arkansas · 1886
  3. Inman v. StateSupreme Court of Arkansas · 1898
  4. Harrison v. LamarSupreme Court of Arkansas · 1878
  5. Mears v. StewartSupreme Court of Arkansas · 1876

3Cited by10 opinions

  1. Ex Parte OldenCourt of Criminal Appeals of Oklahoma · 1948
  2. Lawyer v. CarpenterSupreme Court of Arkansas · 1906
  3. Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
  4. Consolidated Indemnity & Insurance v. Fischer Lime & Cement Co.Supreme Court of Arkansas · 1933
  5. Helena v. DunlapSupreme Court of Arkansas · 1912

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