Gerrish v. Gerrish
Oregon Supreme Court
. Appeal from Tambill County. This suit is a suit to quiet title. The respondents claim as devisees of Mary Ann Gerrish, and the appellants claim as her heirs at law. The appellants claim, that as to them the will of Mary Ann is void, because they, being the children and grandchildren, representing deceased children, are neither named nor provided for in the will of Mary Ann.
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. Appeal from Tambill County. This suit is a suit to quiet title. The respondents claim as devisees of Mary Ann Gerrish, and the appellants claim as her heirs at law. The appellants claim, that as to them the will of Mary Ann is void, because they, being the children and grandchildren, representing deceased children, are neither named nor provided for in the will of Mary Ann. Mary Ann made no mention of or provision for the appellants, except that her will contained the following provision: “I direct that whatever may remain at my death of the personal property bequeathed to me by my late…
1Opinion of the Court
By the Court,
Prim, J.:
This is a suit in equity to quiet title to a certain parcel of land lately owned by Mary Ann Gerrish, deceased. The respondents claim as the devisees of said Mary Ann, and the appellants claim as her heirs at law. The appellants are the children and grandchildren of the deceased, and they claim that said will is void because they ai’e neither named nor provided for therein; and that is the question to be decided on this appeal. The statute, page 788, section 10, provides that “if any person make his last will and die, leaving a child or children, in case of their death,…
2Cases cited3 opinions
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Beck v. MetzSupreme Court of Missouri · 1857
3Cited by27 opinions
- In re Estate of SoherCalifornia Supreme Court · 1889
- Wadsworth v. BrighamOregon Supreme Court · 1927
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Bower v. BowerWashington Supreme Court · 1892
- Neal v. DavisOregon Supreme Court · 1909
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