Smith v. Smith
Arkansas Supreme Court
241 S.W.2d 113 (1951)
- Written by Sean Carroll, JD
Facts
Dollie Smith’s will left property to her daughter, Lorene Smith (defendant), “to be used by her as a home as long as she wishes.” The will provided further that in the event of a sale of the property, Lorene and her brother, Frank Smith (plaintiff), would split the proceeds. Frank filed a complaint alleging (1) that Dollie devised only a life estate to Lorene, (2) that if Lorene held only a life estate, Dollie died intestate as to the remainder, and that remainder would pass to Lorene and Frank as Dollie’s only heirs, and (3) that Lorene was committing waste by failing to repair a leaking roof that had caused the floors to rot. Frank sought an order forfeiting Lorene’s life estate or, alternatively, partition of the property or placing the property in receivership so that the house could be restored. The trial court dismissed the complaint. Frank appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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