Ames v. Ames
Oregon Supreme Court
From Lima: Reuben P. Boise, Judge. This is a controversy respecting the probate of an alleged will. The proponent, Andrew J. Ames, filed a petition in the county court of Linn County showing that Lowell Ames, his brother, died in said county April 16, 1899, being at the time a resident thereof, and leaving an estate therein of the probable value of $2,500; that he left a will in which he nominated the petitioner'and Joseph S. Ames, another brother, as executors thereof, but…
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From Lima: Reuben P. Boise, Judge. This is a controversy respecting the probate of an alleged will. The proponent, Andrew J. Ames, filed a petition in the county court of Linn County showing that Lowell Ames, his brother, died in said county April 16, 1899, being at the time a resident thereof, and leaving an estate therein of the probable value of $2,500; that he left a will in which he nominated the petitioner'and Joseph S. Ames, another brother, as executors thereof, but that the latter declines to serve as such; that the testator at the time of executing said will was over twenty-one…
1Opinion of the Court
Mr. Justice Moore,
after stating the facts delivered the opinion of the court.
It is claimed by contestant’s counsel (1) that the testimony shows the purported will was not witnessed in the manner prescribed by law; (2) that, at the time it was executed, Lowell Ames was not of sound and disposing mind and memory; and (3) that he was at that time acting under the undue influence of his brothers; Andrew and Joseph, and hence the court erred in admitting said pretended will to prohate. Considering these claims in their order, the testimony involved in each will be examined.
1. The will is dated…
2Cases cited15 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Peck v. . CaryNew York Court of Appeals · 1863
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- Chrisman v. CherismanOregon Supreme Court · 1888
- Heirs of Clark v. EllisOregon Supreme Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Sturtevant v. SturtevantOregon Supreme Court · 1919
- Miller v. BushMontana Supreme Court · 1908
- In Re Southman's EstateOregon Supreme Court · 1946
- Pickett's WillOregon Supreme Court · 1907
- Stevens v. MyersOregon Supreme Court · 1912
31 more not listed; retrieve them via the Exa API.