Legal Opinion

Arnold v. Smith

Oregon Supreme Court

Decided February 1, 1904Published

From Multnomah: John B. Cleland, Judge. Pruceedings for the sale of real estate of a decedent for the purpose of paying claims against the estate. From a decree of the circuit court reversing an order of the county-court aud directing a sale the property, the objectors appeal. A motion to dismiss the appeal was overruled, and the decree afterward affirmed, both opinions being written by Mr. Justice Wolverton.

1Opinion

On the Merits.

Charles O. Smith died in Lewis County, Washington, September 15, 1891, leaving a nonintervention will and property situated in that state and Oregon. The will was admitted to probate in Washington, November 13, 1891, and W. G. Gaunce and the widow, Annie J. Smith, since married to Davis, were appointed executors. No notice to the creditors was ever published, but, notwithstanding, an *599order of the court was made in the year 1898 discharging them. On March 15,1891, Charles O. and Annie J. Smith executed and delivered to George F. Gibson their note for $2,500 for money loaned,…

2Cases cited13 opinions

  1. Ruggles v. WelchCalifornia Supreme Court · 1895
  2. Chaperon v. Portland Electric Co.Oregon Supreme Court · 1902
  3. Crawford v. RobertsOregon Supreme Court · 1880
  4. Moore v. KirkmanWashington Supreme Court · 1898
  5. Dundee Investment Co. v. HornerOregon Supreme Court · 1897

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