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52 Ark. 283

Hilliard v. Hilliard

Supreme Court of Arkansas

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

C. D. Wood, Judge. This was a proceeding begun in the Probate Court for the allotment of dower to Mrs. Caroline Hilliard in the land of her deceased husband. Commissioners were appointed to make the allotment, and their report was approved and confirmed by the court. From the order approving the report Mrs. Hilliard, appealed. In the Circuit Court she filed numerous exceptions-‘to the report, presenting questions which could only be determined by a trial de novo.

Cited by 3 later decisions — most recently November 1917

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam,

¶1Allotment of dower. The order confirming the report of the commissioners appointed to allot dower, was the final judgment of . the Probate Court in the case; and the appeal from that judgment carried the whole cause to the Circuit Court for trial de novo. It was error, therefore, in the Circuit Court to confine the appellant to her exceptions to the manner of allotting dower. The judgment will be reversed and the cause remanded for a rehearing.

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