Legal Opinion

Mitchell v. Rogers

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 6 opinions

APPEAL from Johnson Circuit Court in Chancery. Eon. W. D. Jacoway, Judge of the Circuit Court. •Argues upon the merits. This bill was filed under Sec. 5794, Gantt’s Dig.

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APPEAL from Johnson Circuit Court in Chancery. Eon. W. D. Jacoway, Judge of the Circuit Court. •Argues upon the merits. This bill was filed under Sec. 5794, Gantt’s Dig. That section is a literal copy of Civil Code, par., 12, sec. 513, Ch. 9, and is taken bodily from par. 12, sec. 519, Ch. 10, Myers’ Kentucky Code, see p., 145-9. When this Code was adopted Probate Courts had not been abolished, and they had original jurisdiction of probate of wills, &c., with provision for appeal to the Circuit Court, and thence to the Supreme Court. The reprint of the Ky. Code is confessed to be…

1Opinion of the Court

STATEMENT.

Eakin, J.

On the 12th of April, 1874, G. W. Logan died unmarried and childless, and, as was supposed, intestate. His heirs were two sisters and a niece, the daughter of a deceased sister, who, with their husbands, are ■complainants; also a brother, since dead, whose children, with the Administrator of Gr. W. Logan, ai’e defendants. Some time after the death of the latter, a paper purporting to be a will was discovered. It was probated in common form, without notice, and defendant Rogers was appointed Administrator, cum testamento annexo. The will vested all the property in the…

2Cited by6 opinions

  1. Ouachita Baptist College v. ScottSupreme Court of Arkansas · 1897
  2. Wahl v. FranzCourt of Appeals for the Eighth Circuit · 1900
  3. Gray v. ParksSupreme Court of Arkansas · 1910
  4. Jenkins v. JenkinsSupreme Court of Arkansas · 1920
  5. Jansen v. BlissenbachSupreme Court of Arkansas · 1946

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