Blanks v. Clark

• Decision Date: 14 April 1900
• Citation: 56 S.W. 1063
• Parties: BLANKS v. CLARK.<SMALL><SUP>1</SUP></SMALL>
• Court: Arkansas Supreme Court

56 S.W. 1063

BLANKS v. CLARK.¹

Supreme Court of Arkansas.

April 14, 1900.

Appeal from Ashley chancery court; James F. Robinson, Chancellor.

Bill by J. P. Clark, as guardian of the heirs of W. J. White, deceased, against Daniel E. White and William L. Blanks. There was a decree for complainant, and defendant William L. Blanks appeals. Reversed.

J. M. Moore, W. B. Smith, Z. T. Wood, and J. G. Williamson, for appellant. G. W. Norman and R. E. Craig, for appellee.

BATTLE, J.

The validity of the deed executed by Daniel E. White to W. L. Blanks on the 29th of April, 1893, is involved in this appeal. Daniel E. White conveyed to W. L. Blanks, by this deed, all his estate in the N. ½ of the S. W. ¼ of section 17, and N. ½ of the N. ½ of section 18, in township 19 S., and range 4 W. The land conveyed formerly belonged to Mary A. Sumner. She departed this life on the 18th of November, 1891, leaving, surviving her, Daniel E. White, her son, Sallie M. Terrell, her daughter, and J. Sumner White, Bettie White, Turner White, and Mary White, the children of her son W. J. White, deceased, as her only heirs at law. On the 8th of September, 1891, she executed the following will: "Know all men by these presents that I, Mary A. Sumner, of the county of Ashley, state of Arkansas, being in good health and sound mind and disposing memory, do make and publish this, my last will and testament, hereby revoking all former wills by me at any time heretofore made.

"I will that my burial expenses and just debts of every kind be paid. I will the 80 acres of land in section 7, where I now live, to Fannie Byrd and her bodily heirs. I will to D. E. White 80 acres of land in section 17. I will to Sallie M. Terrell the use and income of 160 acres of land in section 18 during her life. At her death, I will it to D. E. White. At his death I will it to Susan Barlow and her children. If Sallie M. Terrell survives D. E. White, at her death the land will go to Susan Barlow and her children. My four grandchildren, I will them $5 each, — Sumner White, Bettie White, Turner White, Mary White.

"In testimony whereof I hereunto set my hand and seal, and declare this my last will and testament, in the presence of the witnesses named below, this September 8, 1891."

The probate of the will was contested by the heirs, and the contest was taken by appeal to the Ashley circuit court, where, on the 9th day of January, 1894, all the devises therein made, except that to Fannie Byrd, were held to be void. While the contest over the will was pending in the circuit court, Daniel E. White executed the deed to Blanks.

On the 30th of March, 1894, J. P. Clark, as guardian of the minor children of W. J. White, deceased, brought an action in the Ashley chancery court against Daniel E. White and William L. Blanks, alleging that Mary A. Sumner died intestate, leaving, her surviving, as her only heirs at law, the defendant D. E. White and the plaintiff's wards, and at the time of her death she was seised and possessed of the land described in the deed of Daniel E. White to Blanks; that in her lifetime she had advanced to her son Daniel E. White, in lands, money, board, and wares, the sum of $3,848.97; and that the real estate and personal property then belonging to her estate amounted to the sum of $3,021.64, which the children of W. J. White, deceased, were entitled to by reason of said advancements; and asked that the entire interest in the land be vested in plaintiff's wards, and that the conveyance from Daniel E. White to William L. Blanks be held to be a cloud upon the title of his wards and be canceled.

On the 11th of November, 1896, Daniel E. White filed an answer, and made it a cross complaint against his co-defendant, William L. Blanks, alleging therein that the conveyance to Blanks of his interest in the lands in controversy was procured by fraud and deception, and asked that it be set aside.

Blanks answered, admitting the execution of the conveyance to him by Daniel E. White, and denying other material allegations in the complaint and cross complaint, and alleging that he was entitled to the interest in the lands conveyed to him.

The court found that Mary A. Sumner, in her lifetime, advanced to Daniel E. White an amount exceeding the value of the lands in controversy and the personalty in the hands of her...