115 Ark. 184 | Ark. | 1914
This appeal calls for the construction of the last will of Jeremiah W. Skeif, who died in Hot Springs, Arkansas, Garland County, the owner of a considerable estate. The will was executed on the 24th day of June, 1902, and thereafter the testator added a codicil, of date the 29th day of March, 1907.
The first clause of the will reads: “I, Jeremiah W. Skeif, of Hot Springs, County of Garland, and State of Arkansas, declare this to be my last will, hereby revoking all wills and testamentary papers at any time heretofore made by me.
“I. I direct all my just debts to be paid.
“II. I bequeath to my wife, Mary E. Skeif, all my household goods, furniture and other effects which at the time of my death may be in or about my dwelling house.” In item III. he gave a certain lot, described, to the use of his wife, Mary E. Skeif, during her life and after her death to Andrew Jackson Dalton, his heirs and assigns forever.
In item IV. he devised another lot to the use of his wife, Mary E. Skeif, as in item III. for life and after her death to John H. Adams and his heirs and assigns forever. In item V. he gave two other lots to the use of his wife, Mary E. Skeif, during her life and after her death to Jeremiah Brown, his heirs and assigns forever. In item VI. he devised another lot to the use of his wife, for life and after her death to his two sisters, Isabel Phillips and Sallie M. Bohall, their heirs and assigns forever, in equal shares as tenants in common. Item VII, devised another lot to the use of his wife for life and after her death to Jeremiah Denby, his heirs and assigns forever. Item VIII. reads: “I devise to my wife, Mary E. Skeif, her heirs and assigns forever, the following described property situated in the city of Hot Springs,” * * * (describing it) and I direct that my wife apply such part of the monthly income of the premises described in items III, IV, V, VI and VII, as shall he necessary to pay all taxes and assessments thereon, to keep and maintain reasonable insurance and all needful and necessary repairs; and in case of fire should destroy any part of said premises, that the insurance be applied to repair or rebuild the same.
“IX. I devise and bequeath all the residue of my real and personal estate, whatsoever and wheresoever, unto the said Andrew Jackson Dalton, John Adams, Jeremiah Brown, Isabel Phillips, Sallie M. Bohall, Jeremiah Denby and Mary E. Skeif, their heirs, executors, administrators and assigns, according to the nature thereof, respectively, in equal shares, for their absolute use and benefit.”
Fred D. Ward and Andrew Jackson Dalton were named executors of the will. The codicil reads: “I, Jeremiah W. Skeif, aforesaid, do declare this to be a codicil to my last will, in addition to the said last will and as a part thereof.” It then recites the fact that he has sold the property described in item III of the will, and “my said wife, Mary E. Skeif, being dead, I give and bequeath the following premises situated in the city of Hot .Springs, county of Garland, and State of Arkansas, towit:” Then follows the description of lot three (3) block seven (7) of South Hot Springs and the west half of lot number four (4) and all of lot number five (5) in Orr’s subdivision in 117, according to the official plat, to Andrew Jackson Dalton, his heirs and assigns forever.
The will was probated and suit was brought against the executors, the devisees of the will and the heirs of Mary E. .Skeif to foreclose a mortgage, upon certain after-acquired real estate.not included in the will. Pending that suit there arose a contention between the devisees in the will and the heirs of Mary E. Skeif as to the ownership of the funds in the hands of the executors and they filed an intervention and cross complaint in said suit making the devisees and her heirs parties, in which they allege that there is a disagreement as to the proper construction of said will as follows:
“It being claimed on tbe one hand tbat certain legacies and devises designated in said will in favor of Mary E. Skeif bave descended to ber beirs by reason of tbe death of the said Mary E. Skeif in tbe lifetime of tbe said Jeremiah W. Skeif, and on tbe other hand that said legacies and devises bave lapsed and become residuary estate,” and ask for a proper construction of tbe will and directions as to bow to distribute tbe estate. To their complaint separate 'answers were filed by tbe devisees and beirs of Mary E. Skeif.
- Mary E. Skeif, the wife of tbe testator, died during bis lifetime and be thereafter made a codicil to bis will in which be recited her death and made other disposition of some of tbe property tbat bad been devised to ber and ber beirs.
It follows that the heirs of Mary E. Skeif were not entitled, under the will, the devises to her and her heirs having lapsed, to any portion of the testator’s estate, and the entire estate having been disposed of by the terms of the will, that his other heirs who were not provided for therein are likewise without any right to distribution. The decree of the chancellor was correct and it is affirmed.