Legal Opinion

Noon's Estate

Oregon Supreme Court

Decided February 19, 1907PublishedCited by 17 opinions

From Multnomah: Melvin C. George, Judge. Statement by Mr. Justice Moore. This is an application by executors to devote money to the payment of debts of a decedent’s estate, and involves the construction of a will.

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From Multnomah: Melvin C. George, Judge. Statement by Mr. Justice Moore. This is an application by executors to devote money to the payment of debts of a decedent’s estate, and involves the construction of a will. The facts are that W. C. Noon executed his last will and testament June 23, 1891, directing all his just debts and funeral expenses to be paid as soon as convenient after his death, bequeathing to his wife, Emily Noon, all their household furniture, books, musical instruments, etc., and devising to her for the term of her natural life their family residence in the City of Portland,…

1Opinion of the CourtJustice Moore

1. It is doubted whether or not that part of the decree requiring the executors to comply with the terms of ,a prior order of the county court directing a sale of real property to pay the claims against the decedent’s estate is before us for consideration. It Avill be remembered that the executors Noon and Cake petitioned for an order authorizing them to apply the sum of $26,427 in payment of certain claims which had been allowed. An exercise of the ]iower thus invoked was necessarily limited to the granting or denying of the prayer of the petition. A reiteration of the prior command to sell…

2Cases cited8 opinions

  1. Brenham v. StoryCalifornia Supreme Court · 1870
  2. Haynes v. MeeksCalifornia Supreme Court · 1862
  3. In re Estate of WoodworthCalifornia Supreme Court · 1867
  4. State v. O'DayOregon Supreme Court · 1902
  5. In re Estate of PackerCalifornia Supreme Court · 1899

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3Cited by17 opinions

  1. Macartney v. ShipherdOregon Supreme Court · 1911
  2. Lamont v. VingerMontana Supreme Court · 1921
  3. In re Wilson's EstateOregon Supreme Court · 1917
  4. Stadelman v. MinerOregon Supreme Court · 1916
  5. Fisher v. PaineOregon Supreme Court · 1957

12 more not listed; retrieve them via the Exa API.

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