Black v. Webb

• Court: Arkansas Supreme Court
• Writing for the Court: BATTLE, J.
• Citation: Black v. Webb, 80 S.W. 367, 72 Ark. 336 (Ark. 1904)
• Decision Date: 02 April 1904
• Parties: BLACK v. WEBB

80 S.W. 367

72 Ark. 336

BLACK v. WEBB

Supreme Court of Arkansas

April 2, 1904

Appeal from Madison Circuit Court JAMES A. RICE, Special Judge.

Action by Webb and others against Black and another. Plaintiffs had judgment, and defendants appeal. Affirmed.

Judgment affirmed.

Walker & Walker, for appellants.

In case of a devise of land without words of limitation the devisee takes an estate for life only, but the intent of the testator to give a fee may be gathered from any part of the will. 49 Ark. 128; 2 Black, 408; 1 Sumn. 242; 58 Ark. 312; 2 Wash Real Prop. (5th Ed.), 653.

E. S McDaniel and L. W. Gregg, for appellees.

The deed conveyed a life estate only. Sand. & H. Dig., § 700; 3 Ark. 147; 19 Ark. 66; 23 Ark. 179, 356; 44 Ark. 458; 58 Ark. 303; 67 Ark. 517.

OPINION

BATTLE, J.

George W. Webb, Cecil C. Webb, Charles Webb, Hettie A. Webb, Ella A. Webb, Naviri C. Webb and Harriet L. Webb, children and heirs of Ada Lefelia Webb, nee Vaughan, deceased, brought this action against T. T. Black and Rachel Black to recover certain lands. They claimed under the following deed:

"Know all men by these presents that we, Andrew Jackson Vaughan and Eliza H. Vaughan, his wife, of the county of Madison and state of Arkansas, for and in consideration of love and affection and the sum of $ 1 to us in hand paid, do hereby give, grant, bargain, sell and convey unto Ada Lefelia Vaughan and to the heirs of her body the following described real estate situate in the county of Madison, in the state of Arkansas, known and described as the west half of southwest quarter of section 18, township 17 north, of range 27 west, and the east half of the east half of the southwest quarter of section 13; also the northeast quarter of the northeast quarter, and the west half of the northeast quarter, with the exception of a strip off of the west side four rods at the northwest corner and fourteen rods wide at the southwest corner of said eighty, also with the exception of four acres and one-fourth off of the northeast corner of the southwest quarter of the northeast quarter of section 24, and also the middle and third part of the northeast of the southeast quarter of section 14, lines of divisions running east and west in township 17 north, range 28 west; with the distinct understanding and intent, however, that if the said Ada Lefelia Vaughan should die without issue that then and in that event the said land is to revert to my heirs at law, jointly and equally. To have and to hold the same with all and singular the appurtenances thereunto belonging as herein expressed. In witness whereof we have hereunto set our hands and seals this the 18th day of , 1870. Andrew Jackson Vaughan, Eliza H. Vaughan.

"In the presence of G. W. Vaughan, Zimri Vaughan."

The defendants, T. T. Black and Rachel Black, claim the land under a deed by which Ada Lefelia Webb and her husband conveyed it to them in fee simple.

The only question in the case is, did the plaintiffs' mother, Ada Lefelia Webb, born Vaughan, take a life estate under the deed executed to her by Andrew Jackson Vaughan and his wife, or an estate in fee simple?

The circuit court held that she took an estate for life. This decision is correct. Horsley v. Hilburn, 44 Ark. 458; Wilmans v. Robinson, 67 Ark. 517, 55 S.W. 950; Sand. & H. Dig., § 700.

The rule stated in Hardage v. Stroope, 58 Ark 303, 24 S.W. 490, does not govern in this case. In that case the land was conveyed to Tennessee M. Carroll to have and to hold "for and during her natural life, and then to the heirs of her body, in fee simple; and if, at her death, there are no heirs of her body to take the said lands, then, in that case, to be divided and distributed according to the laws of descent and distribution in this...