Beckett v. Whittington
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; Emon O. Mahoney, Chancellor; 1. The burden was on Whittington to show a valid settlement. 24 Ark. 124; 68 Ark. 284. He has not shown it. 2. The probate court had jurisdiction to appoint a second administrator. Const.
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Appeal from Columbia Chancery Court; Emon O. Mahoney, Chancellor; 1. The burden was on Whittington to show a valid settlement. 24 Ark. 124; 68 Ark. 284. He has not shown it. 2. The probate court had jurisdiction to appoint a second administrator. Const. Ark., art. 7, § 24; Kirby’s Dig. § § 20, 21 ; 46 Ark. 373; 46 Id. 467; Kirby’s Dig. § 46. 3. It is proper- to appoint an administrator de bonis non on discovery of assets subsequent to the discharge of the former administrator. 18 Cyc. 105; 65 S. W. 713. A right of action which survives to the estate is sufficient for such appointment. 18 Cyc.…
1Opinion of the CourtFrauenthal, J.
On the 3d day of October, 1907, S. C. Beckett, as administrator of the estate of J. S. Dawson, deceased, instituted this suit in Columbia Chancery Court against the defendant below, D. C. Whittington, and in his complaint alleged that the decedent and defendant were, prior to decedent’s death, equal partners in the ownership and operation of a mill and gin; and upon the death of Dawson in 1902 the defendant as surviving partner retained possession of all the partnership property and continued to carry on the partnership business; and lie asked for an accounting and settlement of said…
2Cases cited17 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Nelson v. CowlingSupreme Court of Arkansas · 1909
- Jones v. GrahamSupreme Court of Arkansas · 1880
- Reinhardt v. GartrellSupreme Court of Arkansas · 1878
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roberts v. MillerSupreme Court of Arkansas · 1927
- England Loan Company v. CampbellSupreme Court of Arkansas · 1931
- Ward v. SturdivantSupreme Court of Arkansas · 1910
- Sewell v. BensonSupreme Court of Arkansas · 1939
- George v. Serrett, AdministratorSupreme Court of Arkansas · 1944
9 more not listed; retrieve them via the Exa API.