Mayo v. Arkansas Valley Trust Co.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. The chancellor erred in his construction of the statute as to the widow’s dower. The estate was a new acquisition, and as between the widow and collateral heirs the widow was entitled to one-half of the gross amount of the estate, personalty, realty and rents.
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Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. The chancellor erred in his construction of the statute as to the widow’s dower. The estate was a new acquisition, and as between the widow and collateral heirs the widow was entitled to one-half of the gross amount of the estate, personalty, realty and rents. Kirby’s Digest, § 2923; 75 Ark. 240; 116 Id. 427; lb. 400. 2. The amount found in the decree is erroneous under the theory adopted by the court. Kirby & Castle’s Digest, § § 79, 190; 2 'Woerner, Adm., § § 337-9, 340-44; 60 Ark. 461; 20 S. E. 431;…
1Opinion of the CourtMcCULLOCH, C. J.
Dave Mayo, a citizen of the State of Arkansas, and a resident of the city of Fort Smith, died in the year 1908, leaving a large estate, consisting of personal property and real estate in Fort Smith. He left a widow, Sallie E. M'ayo, the plaintiff in this case, and certain collateral heirs, hut no children or other descendants. He executed his last will and testament in which the Arkansas Yalley Trust Company, one of the defendants, was named as executor, and after the will was probated said defendant qualified as executor and took charge of all of the property of the estate, both real and…
2Cases cited7 opinions
- Trimble v. JamesSupreme Court of Arkansas · 1883
- Hewitt v. CoxSupreme Court of Arkansas · 1891
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Crosser v. CrosserSupreme Court of Arkansas · 1915
- Salinger v. BlackSupreme Court of Arkansas · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Price v. PriceSupreme Court of Arkansas · 1975
- Thompson v. Union & Mercantile Trust Co.Supreme Court of Arkansas · 1924
- Mayo v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1919
- Lance v. MasonSupreme Court of Arkansas · 1921
6 more not listed; retrieve them via the Exa API.