Kuykendall v. Zachary

Decision Date06 May 1929
Docket Number281
Citation16 S.W.2d 590,179 Ark. 475
PartiesKUYKENDALL v. ZACHARY
CourtArkansas Supreme Court

Appeal from Crawford Chancery Court; J. V. Bourland, Chancellor affirmed.

Decree affirmed.

Starbird & Starbird, for appellant.

Jesse Reynolds and Dobbs & Young, for appellee.

OPINION

SMITH, J.

Amanda Bagsby and B. L. Zachary were married May 30, 1904, and on September 4 of the same year a son was born, who was named Blakely. Shortly after the birth of this son Mrs. Zachary obtained a divorce from her husband on the ground of desertion. In 1908 Zachary married a second time, and installed this wife in a home which he owned in Alma Arkansas, where he resided with her until his death, which occurred in 1922. Zachary was an employee of the Missouri Pacific Railroad at the time of his death, and was killed while pursuing his employment, and the administrator of his estate recovered judgment against the railroad company for the death of his intestate. The judgment was for $ 2,750, of which $ 2,000 was for the benefit of the widow and next of kin and $ 750 for the benefit of the estate.

On April 28, 1922, suit was brought by the mother of Blakely Zachary as his guardian and next friend against his father's second wife to recover his interest in his father's estate. On June 18, 1923, a consent decree was rendered in this case, which recites the appearance of the parties in person and by attorneys, who "announced that settlement of the same had been reached by mutual agreement of the parties thereto."

The decree further recited: "Whereupon the court finds that the parties have agreed judgment shall be entered in favor of the plaintiff for the sum of $ 650 in full satisfaction of his interest and claim in the property belonging to the estate of said Bert or B. L. Zachary, deceased, consisting of" the homestead, "and also in full satisfaction of the plaintiff's interest and claim in and to all of the personal property belonging to said estate, consisting of" the proceeds of the judgment against the railroad company and certain other personal property. It was therefore adjudged that plaintiff have judgment for $ 650 in full satisfaction of all his rights of inheritance in the estate of his father, and that "all right, title, interest and claim of said Blakely Zachary in and to said lot is hereby vested in Fannie Zachary in fee simple forever."

After the rendition of the above judgment Mrs. Zachary sold and conveyed the homestead to appellant, Kuykendall.

On April 9, 1927, Blakely Zachary brought this suit in ejectment to recover the homestead from Kuykendall, and the cause was transferred to equity, and upon the trial there the chancellor decreed that the plaintiff was entitled to recover the property, subject only to the dower rights of his stepmother, all questions of accounting being reserved, and this appeal is from that decree.

It is the opinion of the majority that the instant case is not essentially different from that of Rankin v Schofield, 81 Ark. 440, 98 S.W. 674, and is controlled by it. In this case, as in that, a compromise of a minor's rights was effected without the direction or consent of the court, and the court was not called upon to examine the terms of the...

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2 cases
  • Swindle v. Rogers
    • United States
    • Arkansas Supreme Court
    • January 8, 1934
    ...may not effect a binding compromise and settlement of a cause of action accruing to the minor; indeed, the contrary was held in the Kuykendall case, supra, where it was "This opinion is not to be interpreted as denying the right of the representatives of a minor litigant to effect a comprom......
  • New England Securities Co. v. West Helena Consolidated Co.
    • United States
    • Arkansas Supreme Court
    • May 6, 1929

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