Arkansas Reports; Cases Determined in the Supreme Court of the State of Arkansas, at the ... Volume 61

Arkansas Reports; Cases Determined in the Supreme Court of the State of Arkansas, at the ... Volume 61

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...etc. were never repealed or suspended by any act. Suth. Stat. Const, sec. 156. Wood, J. We are asked by this appeal to determine whether a widow is entitled to a child's part in the estate of her deceased husband, under sec. 2599, Mansf. Dig., which is as follows: "The widow of any deceased person, who shall file in the office of the clerk of the court of probate, or with the probate court of the proper county, a relinquishment of her right of dower in and out of the estate of her deceased husband, shall be entitled to receive of the estate of which her said husband died seized and possessed, whether real, personal or mixed, a portion or share thereof, absolutely in her own right, equal to that of a child, which shall be set aside and delivered to her as now provided by law for dower." This act was approved November 29, 1862. The concluding sentence of sec. 7 of the schedule to the constiution of 1864 is as follows: "And it is further hereby declared that all laws in force in this State on the fourth day of March, 1861, are still in force, not inconsistent with the provisions of this constitution, and which have not expired by limitation therein contained." This court, at its December term, 1866, in an opinion by Chief Justice Walker, passing upon this clause, said: "It was evidently the intention of the convention to declare the laws of the State which were in force on the fourth of March, 1861, a code of laws to be in force in the State, to the exclusion of all other laws, which laws so in force on the fourth of March, 1861, were to take effect and be in force from and after the adoption of the constitution of January, 1864, which was adopted by the people of the State to whom it was submitted for ratification...show more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236819373
  • 9781236819376