Ark. Code Ann. » Title 28 Chapter 72
Arkansas Code Annotated

Ark. Code Ann. § 28-72-102 (2020)

Appointment of trustee

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  1. It shall be the duty of the circuit courts to appoint some suitable person trustee of the estate of any person imprisoned in some foreign country or who may be missing and whose whereabouts are unknown, and who has a family or dependents residing in this state.
  2. The trustee shall be appointed upon the petition of any person dependent upon the services of the missing person, or person imprisoned in a foreign country, for his or her support.

History. Acts 1943, No. 71, §§ 1, 2; A.S.A. 1947, §§ 58-201, 58-202.

Cross References. Presumption of death after 5 years' absence, § 16-40-105.

Case Notes

Missing Attorney.

The Supreme Court declined to adopt a proposal granting a probate judge jurisdiction to appoint a trustee for a lawyer who is disabled, deceased, or has disappeared, since this proposal would clearly conflict with the statutory scheme for establishing a guardianship for an incompetent attorney as well as the statutory scheme for decedent's estates, under chapter 65 of this title, and since there are express statutes, under this section and §§ 28-72-103 and 28-72-104, which conflict with the proposal for attorneys who have disappeared. In re Committee on Professional Ethics, 273 Ark. 496, 621 S.W.2d 223 (1981).

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: In re Corn, 2016 Ark. 229, 493 S.W.3d 311.
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In re Corn, 2016 Ark. 229, 493 S.W.3d 311. · cites it 8× “Ark. Code Ann. § 28-72-102 (a). This section also provides the initiation procedure for this type of trust.”
Ark. Code Ann. § 28-72-102(a): 1 case
In re Corn, 2016 Ark. 229, 493 S.W.3d 311. “Ark. Code Ann. § 28-72-102 (a). This section also provides the initiation procedure for this type of trust.”
Ark. Code Ann. § 28-72-102(b): 1 case
In re Corn, 2016 Ark. 229, 493 S.W.3d 311. “Ark. Code Ann. § 28-72-102 (a). This section also provides the initiation procedure for this type of trust.”
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