Bell v. Silas, 5-422

• Decision Date: 24 May 1954
• Docket Number: No. 5-422,5-422
• Citation: 268 S.W.2d 624,223 Ark. 694
• Parties: BELL v. SILAS.
• Court: Arkansas Supreme Court

Page 624

268 S.W.2d 624

223 Ark. 694

BELL v. SILAS.

No. 5-422.

Supreme Court of Arkansas.

May 24, 1954.

Rehearing Denied June 28, 1954.

Chas. F. Cole, Batesville, for appellant.

W. J. Arnold and C. T. Bennett, Batesville, for appellee.

GRIFFIN SMITH, Chief Justice.

Len Harmon and his wife, Elsie, and their infant child, were killed near White Hall, Ill., May 8, 1953. Their other two children (Gerald, a boy of six, and Shirley Ann, two years younger) were with their parents, but survived the ordeal. Harmon and his wife had formerly resided at Piggott, Ark., but had been in Indiana for approximately six years. Lorse Silas is the grandfather of Gerald and Shirley Ann, Mrs. Harmon having been his daughter. Silas and his wife now reside in Independence county at Cushman.

William E. Bell had resided near Decatur, Indiana, for almost five years, but in March, 1953, he went to Clay county, Arkansas, to assist his father on a farm. The witness is an uncle by marriage of the two children. Bell's statements, and admissions by other interested witnesses, are that guardianship and administration matters were necessary in order to collect compensation paid by the railroad company, eighteen thousand of which appears to have been received by the administrator in addition to $3,000 in insurance.

Shortly after the tragic wreck the paternal grandmother of the two children, and the maternal grandparents, with other relatives, held conferences to determine what course ought to be pursued. It was agreed that Bell should go to Indiana to negotiate with or sue the railroad company and to collect insurance.

Appellee and his wife contend that there was no agreement regarding custody of Gerald and Shirley Ann other than the paternal grandmother's statement that she was not in a position to care for them. Appellee and his wife, however, say that it was understood that they were to have the children.

There is little doubt that appellee knew that Indiana guardianship and administration would be required as an incident to collection of the sums they hoped for.

Perhaps the maternal grandparents were not familiar with legal terminology to the extent that they understood what a guardian's duties would be; but it is certain that they acquiesced in the suggestion that Bell return to Indiana and take whatever steps might be necessary to collect for the minors.

Following the accident Shirley Ann was taken to a hospital in St. Louis. Gerald was hospitalized in Kennett, Mo., and from there he was taken to appellee's home. Bell later had the boy for a short time, but appellee then took the child to Cushman and has kept him in spite of Bell's protests. Shirley Ann is now in a...