Quattlebaum v. Triplett

• Citation: 61 S.W. 162,69 Ark. 91
• Parties: QUATTLEBAUM v. TRIPLETT
• Decision Date: 16 February 1901
• Court: Supreme Court of Arkansas

61 S.W. 162

69 Ark. 91

QUATTLEBAUM v. TRIPLETT

Supreme Court of Arkansas

February 16, 1901

Appeal from Jefferson Circuit Court, ANTONIO B. GRACE, Judge.

STATEMENT BY THE COURT.

This suit arose in the probate court of Jefferson county on the petition of S. Galligan, then guardian of Walter A. Rainey, a minor son of W. D. Rainey, deceased, to have vested in said minor $ 300 of the personal property of deceased, petition alleging the personal estate to be of less value than $ 800 and that no widow survived, but that deceased Rainey left as heirs said minor and Sallie Rainey, who has intermarried with Lee M. Quattlebaum, and her brother, Wright H. Rainey, both of whom were of full age. The prayer of the petition being that the court appoint appraisers of the personal estate etc., and that the court then make an order vesting in Galligan, as guardian of said minor the stun of $ 300 or personal property of that value for the support and education of said minor.

Lee M Quattlebaum, as administrator of the estate of W. D. Rainey deceased, and Wilsie Rainey Quattlebaum, a daughter of W. D. Rainey, deceased, who in petition is called Sallie W., resisted the prayer of the petition, on the ground that said deceased left surviving him three children, who under the law were entitled to share and share alike in said personal estate. The probate court at the hearing held that the personal estate was of less value than $ 800, and that the administrator, Quattlebaum, pay over to the guardian of the minor the sum of $ 300.

From this order administrator Quattlebaum and Wilsie Rainey Quattlebaum appealed. In the circuit court the cause was tried by the court sitting as a jury, who entered substantially the same judgment as the probate court.

The cause was tried upon agreed statement of facts, that is, that the petition filed by Galligan, guardian, be accepted as the facts, and also that Lee M. Quattlebaum is the administrator of W. D. Rainey, deceased. At the hearing appellants prayed the court to declare the law as follows: "(1.) That under the law all of the children of W. D. Rainey, deceased, are entitled to an equal share of his estate, that is, to share and share alike therein. (2.) That the word "children," as set out in sections 3 and 4 of Sandels & Hill's Digest of the statute laws of Arkansas, means the issue or heirs of the body of the father or mother, regardless of age. (3.) In this case, Wilsie Rainey Quattlebaum, being a daughter and one of the children of W. D. Rainey, deceased, is entitled under the law to share in the personal estate set out in the petition equally with said minor Walter A. Rainey and said Wright H. Rainey. (4.) That the prayer of the petition is refused."

The court refused to declare the law as above requested, and appellants at the time excepted. Thereupon the court found the facts to be as set out in petition, and that Sallie W. and Wilsie Rainey Quattlebaum are one and the same person, and declared the law to be that petitioner, as guardian of Walter A. Rainey, is entitled to have set apart out of the personal estate of Rainey, deceased, $ 300 for support, maintenance and education of said ward. To this declaration of the law appellants at the time excepted. The court then directed the entry of the judgment set forth in the transcript.

Appellants filed a motion for a new trial, which was by the court overruled, and appellants excepted.

Judgment affirmed.

Austin & Taylor, for appellants.

The word "children", as used in the act of 1887, is not restricted to minor children. 5 Am. Q Eng. Enc. Law (2 Ed.), 1084; 3 Pa. Dist. Rep. 758; 20 Phila. 117; 20 Kans. 903. The act should be given its plain meaning. Endl. Interp. Stat. §§ 788. The act of 1887 repealed that of 1885. 27 Ark. 419; 10 Ark. 588; 43 Ark. 427; 29 Ark. 225, 227.

White & Altheimer, for appellee.

The act of 1887 did not repeal that of 1885. Repeals by implication are not favored. 24 Ark. 479; 28 Ark. 325; 53 Ark. 417; 29 Ark. 225-237; 34 Ark. 499; 53 Ark. 339; 48 Ark. 159; 56 Ark. 45-47; 54 Ark. 237; 41 Ark. 149; 45 Ark. 90, 92; 50 Ark. 132; 51 Ark. 559; 60 Ark. 61. Adult heirs have no right to the assets of an estate until debts are paid. 25 Ark. 499; 27 Ark. 445; 47 Ark. 225 ;51 Ark. 78. The statute of 1887 applies to minor children, as distinguished from others.

OPINION

HUGHES, J., (after stating the facts.)

The question presented for adjudication is, whether the word "children" used in sections 3 and 4 of Sandels & Hill's Digest shall be construed to mean minor children, or whether it includes the children of the parents, regardless of age.

The sections referred to are as follows:

"Sec 3. When any person shall die, leaving a widow and children, or widow or children, and it shall be made to appear to the court that the personal estate of such deceased person does not exceed in value the sum of three hundred dollars. the court shall make an order vesting such personal property absolutely in the widow and children, or widow or children, as the case may be; and in all cases where the personal estate does not exceed in value the sum of eight hundred dollars, the widow or children, as the case may be, may retain the amount of three hundred dollars out of such personal property at cash price.

"Sec 4. When any person shall die, leaving children but no widow, the court shall, upon application made to him for said...