In re Burke's Estate
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a contest over various wills, made by William C. Burke, and arises out of tbe following facts: On December 30, 1908, Burke made a will, bequeathing all his property to Louisa A. Lehman, his stepdaughter. On March 9, 1909, he died, and on March 23 d the legatee filed the will with the county clerk of Douglas County, without filing any petition for probate.
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From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a contest over various wills, made by William C. Burke, and arises out of tbe following facts: On December 30, 1908, Burke made a will, bequeathing all his property to Louisa A. Lehman, his stepdaughter. On March 9, 1909, he died, and on March 23 d the legatee filed the will with the county clerk of Douglas County, without filing any petition for probate. On the 23d day of March, 1909, the evidence of the subscribing witnesses was taken and filed with the court, and the matter was permitted…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
This whole proceeding is a concrete example of “how not to do it.” We have sought diligently in the transcript to find what was actually done, or attempted to be done, in the County Court; and on the argument we sought the same information from counsel, but without tangible result. The statement gleaned from the confused mass of papers before us probably comes within a marine league of being correct. The whole proceeding is a series of blunders.
1. The will of 1908 was filed without any petition for probate, but with such proofs as would have entitled it to…
2Cited by27 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Tigglebeck v. RussellOregon Supreme Court · 1949
- O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
- Florey v. MeekerOregon Supreme Court · 1952
- Schramm v. BurkhartOregon Supreme Court · 1931
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