Welch v. Welch
Supreme Court of Arkansas
Appeal from Greene Chancery Court; G. D. Frierson, Chancellor; 1. Disinheritance of children by a parent must be traced to one or more of three causes: (1) Estrangement of parent from child; (2) some form of insanity; (3) fraud. No estrangement nor insanity is shown. But fraud and overreaching are shown by many strong circumstances and declarations of parties.
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Appeal from Greene Chancery Court; G. D. Frierson, Chancellor; 1. Disinheritance of children by a parent must be traced to one or more of three causes: (1) Estrangement of parent from child; (2) some form of insanity; (3) fraud. No estrangement nor insanity is shown. But fraud and overreaching are shown by many strong circumstances and declarations of parties. The declarations of the grantors were competent evidence. 123 Ark. 134; 99 Mass. 88; 61 N. E. 426; 2 Id. 925. 2. The burden of proof was on the donee in the deed. 24 Atl. 645. A voluntary gift is conclusively fraudulent as to creditors,…
1Opinion of the Court
HART, J.,
(after stating the facts). (1-2) The plaintiffs are children and heirs at law of W. M. Welch, deceased. They admit in their complaint that their father intended to convey by deed to C. W. Welch, his home place of eighty acres. In the prayer to their complaint they ask that the deed from W. M. Welch to C. W. Welch be canceled, except as to the eighty acres described and known as the home place, and that the title to same he vested in them except the interest of C. W. Welch in the lands under the law of descents and distributions in this State. The evidence shows that W. M. Welch took…
2Cases cited18 opinions
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Sykes v. . Insurance Co.Supreme Court of North Carolina · 1908
- Williams v. HamiltonSupreme Court of Iowa · 1898
- Cox v. BeardSupreme Court of Kansas · 1907
- Crookston Improvement Co. v. MarshallSupreme Court of Minnesota · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Clay v. BrandSupreme Court of Arkansas · 1963
- Nakdimen v. Atkinson Improvement Co.Supreme Court of Arkansas · 1921
- Automobile Insurance Co. of Hartford v. United Electric Service Co.Court of Appeals of Texas · 1955
- Dodson v. AbercrombieSupreme Court of Arkansas · 1948
- American Alliance Insurance v. PaulSupreme Court of Arkansas · 1927
37 more not listed; retrieve them via the Exa API.