Wyman v. Johnson
Supreme Court of Arkansas
Appeal from Lee Chancery Court. Edward D. Robertson, Chancellor. The heir is not held to be disinherited, unless the intent to do so is clear in the will. 1 Redfield, Wills, p. 434; Schouler, Wills, § 545. The rule in Shelley’s case is in force in Arkansas. 51 Ark. 61; 58 Ark. 303. This rule is applicable in the construction of deeds as well as wills. 64 Pa. St. 9; 101 N. C. 162; 62 111. 88; 127 Ind. 42; 109 Ind. 476; 80 Ga. 367; 9 Yerg. 400; 13 Pa. St. 344; 53 Pa.
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Appeal from Lee Chancery Court. Edward D. Robertson, Chancellor. The heir is not held to be disinherited, unless the intent to do so is clear in the will. 1 Redfield, Wills, p. 434; Schouler, Wills, § 545. The rule in Shelley’s case is in force in Arkansas. 51 Ark. 61; 58 Ark. 303. This rule is applicable in the construction of deeds as well as wills. 64 Pa. St. 9; 101 N. C. 162; 62 111. 88; 127 Ind. 42; 109 Ind. 476; 80 Ga. 367; 9 Yerg. 400; 13 Pa. St. 344; 53 Pa. St. 211. The woi’d “heirs” has a fixed legal meaning. 53 Ark. 255. This rule applies to the construction of wills as well as…
1Opinion of the CourtBunn, C. J.
Joseph M. Johnson, a citizen of Lee county, died on the 28th day of July, 1887, the owner of a plantation in said county and a small amount of personal property, all of which last was absorbed in the course of the administration of his estate. He made his last will and testament on the 27th day of September, 1886, and after his death this, was duly probated. This suit was brought by the grandchildren of the testator, who are named as beneficiaries in the will, to have the same construed, and to set aside as invalid a certain deed of trust made by their parents, wherein the plantation was…
2Cases cited1 opinion
- Shotts v. PoeCourt of Appeals of Maryland · 1878
3Cited by14 opinions
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Wilson v. HubbardWashington Supreme Court · 1905
- Neff v. ElderSupreme Court of Arkansas · 1907
- Broadway v. SidwaySupreme Court of Arkansas · 1907
- Evans v. PettusSupreme Court of Arkansas · 1914
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