McGuffey v. McGuffey

• Decision Date: 20 January 1947
• Docket Number: 4-8044
• Parties: McGuffey v. McGuffey
• Court: Arkansas Supreme Court

199 S.W.2d 969

210 Ark. 1069

McGuffey v. McGuffey

No. 4-8044

Supreme Court of Arkansas

January 20, 1947

Appeal from Garland Chancery Court; Sam W. Garratt, Chancellor.

Affirmed.

Jay M. Rowland, for appellant.

Proctor & Snodgrass and Scott Wood, for appellee.

OPINION

Robins J.

This is an appeal from an order of the lower court denying appellant any right to participate in the division of certain funds arising from the sale of property belonging to the estate of Charles D. McGuffey, Sr., deceased, held in the registry of the court. The suit was begun by the filing of a complaint by appellee, Gertrude McGuffey claiming to be the widow of Charles D. McGuffey, Sr. deceased, and by appellees, Charles D. McGuffey, Jr., and Madeline Hoff, claiming to be his only heirs, against appellant, Nellie McGuffey. The pleadings in this suit do not appear in the transcript, but the decree is shown. From this decree it appears that the object of the suit was to partition certain property in Garland county, Arkansas, owned at his death by Charles D. McGuffey, Sr., and also to dispose of appellant's contention that she was the widow of the elder McGuffey and as such was entitled to a widow's share in his estate. The property was sold by agreement and the proceeds thereof deposited in the registry of the court pending determination of the issues.

The cause was heard by the lower court on May 23, 1945, and the decree rendered on that date recites this finding: "That Charles D. McGuffey, Sr., died intestate about the month of March, 1942; that the said Charles D. McGuffey, Sr., at the time of his decease, was the owner of the real property described in the complaint herein and he was occupying the said property as his homestead at the time of his decease; that the said Charles D. McGuffey left surviving him the plaintiff, Gertrude McGuffey, as his widow, and the plaintiffs, Charles D. McGuffey, Jr., and Madeline Hoff, as his children and only heirs at law; that the property described in the complaint descended in equal parts to the plaintiffs, Charles D. McGuffey, Jr., and Madeline Hoff, as the only heirs at law of the said Charles D. McGuffey, Sr., subject to the dower and homestead rights of the plaintiff, Gertrude McGuffey . . ."; and the decree concludes thus: "The court does, therefore, consider, order, adjudge and decree that the said Gertrude McGuffey shall receive out of the funds that are now in the hands of the Clerk of this court the full present value of her life estate, based on the mortality and value tables of old line standard life insurance companies, and figured on a six per cent. basis; and that the balance of the funds in the hands of the Clerk, after the payment to the said Gertrude McGuffey of her interest therein, shall be paid to the said Charles D. McGuffey, Jr., and Madeline Hoff in equal shares. The defendants except to the judgment and findings of the court herein and pray and are granted an appeal to the Supreme Court. The Clerk of this court is directed to hold all of the funds now in his hands for a period of six months from the date of this decree. The court retains control of this cause to finally determine the value of the interests of Gertrude McGuffey as herein decreed, also the value of the estate claimed by Nellie McGuffey, and to make final order of distribution, and such other orders as may be deemed necessary."

Though she prayed and was granted an appeal from this decree, appellant failed to prosecute such appeal, so that the decree became conclusive as to all matters therein adjudicated.

Thereafter appellant filed what she designated as a "Motion to Settle Property Rights," in which she set up that since the court had determined that she was...