Bridges v. Shields, 385 S.W.3d 176

Bridges claimed a curtesy interest in the Merck settlement proceeds received by Hazel Frazier’s estate.
Hazel Frazier, widow of Elree Frazier, Sr., died leaving Bridges and seven stepchildren as potential heirs.
The Merck wrongful-death settlement ($123,846.71) was paid into Hazel Frazier’s estate via Shields as administrator.
Shields distributed some proceeds to eight recipients (Bridges among them) in the initial order, then later excluded Bridges.
Arkansas dower/curtesy statute provides a one-third interest in the decedent’s personal estate for a surviving spouse.
The circuit court held Bridges had no curtesy interest because Hazel Frazier did not seize and possess the Merck proceeds as required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bridges has a curtesy interest in the Merck settlement proceeds	Bridges argued Hazel Frazier had a chose in action and was seized	Shields argued no chose in action and no seizure/possession by Frazier	No curtesy; Frazier did not possess a chose in action at death

Mulhollan v. Thompson, 13 Ark. 232 (1853) (widow not entitled to dower in husband’s choses in action)
Hill’s Administrators v. Mitchell, 5 Ark. 608 (1844) (statute to widow’s dower in personal estate excludes choses in action)
Gregory v. Colvin, 235 Ark. 1007, 363 S.W.2d 539 (1963) (defines chose in action)
Davenport v. Lee, 348 Ark. 148, 72 S.W.3d 85 (2002) (wrongful-death recovery not an estate asset; no individual beneficiary right)
Brewer v. Lacefield, 301 Ark. 358, 784 S.W.2d 156 (1990) (code provisions do not create individual wrongful-death rights for beneficiaries)
Lee v. Potter, 193 Ark. 401, 100 S.W.2d 252 (1937) (widow may hold dower in choses in action; policy proceeds treated as chose in action)
Burdett v. Burdett, 26 Okla. 416, 109 P. 922 (1910) (widow’s dower in life-insurance proceeds; holdings on choses in action)