Froebrich v. Lane
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by David Froebrich and others against D. F. Lane, personally and as administrator, to set aside an order and decree of the county court of Marion County, made and rendered in the matter of the estate of Emanuel Froebrich, deceased, November 24, 1902, settling and allowing the final account of the administrator, the defendant herein.
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From Marion: Reuben P. Boise, Judge. This is a suit by David Froebrich and others against D. F. Lane, personally and as administrator, to set aside an order and decree of the county court of Marion County, made and rendered in the matter of the estate of Emanuel Froebrich, deceased, November 24, 1902, settling and allowing the final account of the administrator, the defendant herein. The deceased left an estate valued at $3,935. Plaintiffs are his heirs, and, being citizens of the Empire of Germany, have been represented by G. V. Wintzingerode, Imperial German Consul at Portland, Oregon, and…
1Opinion of the CourtJustice Wolverton
1. The jurisdiction of acourt of equity to interpose and set aside the order or decree of a county court approving and settling the final account of an administrator is first challenged by the demurrer. The especial ground for invoking equitable jurisdiction is fraud in procuring the order settling the account, consisting in the disregard and violation on the part of the administrator of the alleged compromise agreement, whereby he agreed that he would claim no extra compensation for his own services and no more than $300 as attorney fees and charges. It is the undoubted province of equity,…
2Cases cited16 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- Johnson v. WatersSupreme Court of the United States · 1884
- Griffith v. GodeySupreme Court of the United States · 1885
- Thompson v. ConnellOregon Supreme Court · 1897
- Habighorst v. ConantOregon Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Folwell v. HowellSupreme Court of Connecticut · 1933
- Hagey v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1942
- Lothstein v. FitzpatrickOregon Supreme Court · 1943
- Mattoon v. ColeOregon Supreme Court · 1943
- Kirk v. MullenOregon Supreme Court · 1921
11 more not listed; retrieve them via the Exa API.