Beakley v. Ford
Supreme Court of Arkansas
Appeal from Lawrence «Circuit Court, Eastern District ; Dene H. Coleman, Judge; STATEMENT BY THE COURT. Tbe probate court of Lawrence County, on the 3d day of its April term, 1912, directed the appellant, Beakley, who was curator «of the estate of the minor heirs of Eugene Pickett, deceased, to purchase certain real estate at a certain price with the funds of the estate, and to take credit in his settlement for the amount paid out under the order.
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Appeal from Lawrence «Circuit Court, Eastern District ; Dene H. Coleman, Judge; STATEMENT BY THE COURT. Tbe probate court of Lawrence County, on the 3d day of its April term, 1912, directed the appellant, Beakley, who was curator «of the estate of the minor heirs of Eugene Pickett, deceased, to purchase certain real estate at a certain price with the funds of the estate, and to take credit in his settlement for the amount paid out under the order. In compliance with this order the appellant purchased the lands, paid the purchase price, $1,850, •and took a deed in the name of the minors. They,…
1DissentMcCulloch, C. J.
I am unable to reconcile the views expressed by the majority .in the opinion in this case with the former decisions of this court with respect to the jurisdiction of the probate court over the estate of infants and deceased persons, and the presumption attending the judgments of those courts in the exercise of that jurisdiction. It has always been declared by this court, in the earliest decisions as well as recent ones, that the probate court is a court of superior jurisdiction, and that the sale by an administrator or guardian under orders of the probate court “is a proceeding m rem by a…
2Cases cited5 opinions
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