Legal Opinion

In re Estate of Megginson

Oregon Supreme Court

Decided December 14, 1891PublishedCited by 19 opinions

Petitioners appeal. To be a valid marriage in 1860, at the time the respondents claim the pretended marriage of George R. Megginson and Julia Megginson, it was necessary that the marriage should have been solemnized by a minister of the gospel. (Stat. 1854,494; Stat. 1855,536.) One of two things to prevent the pretended marriage from being null and void must have existed at the time.

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Petitioners appeal. To be a valid marriage in 1860, at the time the respondents claim the pretended marriage of George R. Megginson and Julia Megginson, it was necessary that the marriage should have been solemnized by a minister of the gospel. (Stat. 1854,494; Stat. 1855,536.) One of two things to prevent the pretended marriage from being null and void must have existed at the time. First, if Newcomb was a minister of the gospel in the state of Oregon at the time of the marriage, in 1860, and as such solemnized the marriage; second, if he were not a minister of the gospel at that time, but…

1Opinion of the CourtBean, J.

This is a controversy concerning the final distribution of the personal estate of George It. Megginson, deceased, arising between his collateral kindred and the respondents, who claim to be his wife and children. The sole question in this case is the validity of the marriage between the deceased and the respondent Julia at the Siletz Indian reservation in the spring of 1860.

The facts concerning this marriage are these: For some time prior to 1860, the deceased was employed by the government as farmer at the Siletz Indian agency, in Benton county, and, while so employed, became acquainted with *391…

2Cases cited6 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Hutchins v. KimmellMichigan Supreme Court · 1875
  3. State v. AbbeySupreme Court of Vermont · 1856
  4. Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
  5. Redgrave v. RedgraveCourt of Appeals of Maryland · 1873

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

3Cited by19 opinions

  1. Huard v. McTeighOregon Supreme Court · 1925
  2. Sloan v. WestWashington Supreme Court · 1908
  3. Brown v. ParksSupreme Court of Georgia · 1931
  4. Fuquay v. StateSupreme Court of Alabama · 1927
  5. Huff v. HuffIdaho Supreme Court · 1911

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

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