Rainey v. Rudd
Oregon Supreme Court
From. Wallowa: John W. Knowles, Judge. In Banc. Statement by Mb. Justice Benson. This is a suit by Boy Rainey and Iva Rainey against Jessie S. Rudd and Arthur H. Rudd, wherein it is sought to subject property in the hands of residuary legatees to the payment of a promissory note of the testator. The allegations of the complaint disclose substantially the following facts: That on March 14, 1904, Wm.
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From. Wallowa: John W. Knowles, Judge. In Banc. Statement by Mb. Justice Benson. This is a suit by Boy Rainey and Iva Rainey against Jessie S. Rudd and Arthur H. Rudd, wherein it is sought to subject property in the hands of residuary legatees to the payment of a promissory note of the testator. The allegations of the complaint disclose substantially the following facts: That on March 14, 1904, Wm. M. B. Sarell executed and delivered to Arma E. Rainey, then residing in Florida, a promissory note for $750, payable at the office of John Hipp in Denver, Colorado, one year after the death of the…
1Opinion of the CourtJustice Benson
1. In the complaint it appears affirmatively that the defendants received whatever property they derived from the Sarell estate as legatees and not otherwise. It is contended by counsel for defendants that the complaint is fatally defective, in that it fails to plead any statute of the State of Colorado, giving a right of action against legatees for the debts of a testator. The note upon which this suit is predicated was payable at the office of John Hipp in Denver, Colorado, and the will of the maker thereof was probated in the same state. Therefore the right of action, if any exist, arose…
2Cases cited1 opinion
- Bergman v. InmanOregon Supreme Court · 1903
3Cited by6 opinions
- First National Bank v. ConnollyOregon Supreme Court · 1942
- First Interstate Bank v. HaynesCourt of Appeals of Oregon · 1985
- In re KenyonDistrict Court, S.D. Ohio · 1907
- Root v. VawterOregon Supreme Court · 1923
- First National Bank v. ConnollyOregon Supreme Court · 1942
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