King v. Byrne

Decision Date25 October 1909
PartiesKING v. BYRNE et al.
CourtArkansas Supreme Court
122 S.W. 96
KING
v.
BYRNE et al.
Supreme Court of Arkansas.
October 25, 1909.

Page 97

Appeal from Lafayette Chancery Court; E. O. Mahoney, Chancellor.

Suit by Blanche King against L. A. Byrne and others. From a decree dismissing the complaint, plaintiff appeals. Affirmed.

D. L. King, for appellant. L. A. Byrnes, for appellees.

BATTLE, J.


This suit was brought by Blanche King in the Lafayette chancery court against Lawrence A. Byrne, C. L. Byrne, J. V. Brame, and Henry Moore for the recovery of lands. She alleged in her complaint that Alexander Byrne died seised and possessed of personal and real property and left a last will and testament, and thereby devised and bequeathed to his wife, Frances Byrne, all his property for and during her natural life and one-fifth of his estate remaining at the death of Frances Byrne to his granddaughter, Irene Lewis, who died leaving the plaintiff, Blanche King, her only child and heir surviving; and alleged that Irene Lewis was the granddaughter of Frances Byrne, and that she (Lewis) died leaving plaintiff her only child and heir surviving as before stated; that Frances Byrne made a will on the 4th day of September, 1888, without naming plaintiff or providing for her therein, which was duly probated and admitted to record; and that Frances Byrne died seised and possessed of certain real estate. She did not allege that any of the estate of Alexander Byrne remained after the payment of his lawful debts, or that she (plaintiff) was living at the time Frances Byrne executed her last will and testament. She asked for a decree for one-fifth of the real estate of which Alexander and Frances Byrne severally died seised and possessed.

The defendants answered, and denied that any of the estate of Alexander Byrne remained after the payment of his lawful debts, and that plaintiff was living at the time Frances Byrne executed her last will and testament.

Upon the final hearing of the cause, the court dismissed plaintiff's complaint for want of equity; and she appealed to this court.

It was not claimed or shown that any of the estate of Alexander Byrne, deceased, remained after the administration of his estate and the payment of his debts. We take that fact as conceded. It is not alleged or shown that plaintiff was living when Frances Byrne made her will. She claims that she is entitled to share in the property of Frances Byrne, deceased, on the theory that she died intestate as to her; Mrs. Byrne not having named or...

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