Legal Opinion

Pickering v. Winch

Oregon Supreme Court

Decided December 4, 1906PublishedCited by 40 opinions

From Multnomah: Arthur L. Frazer, John B. Cleland and Melvin C. George, Judges. Statement by Mr. Chief Justice Bean. This is a contest over the probate ^in an Oregon court of the will of Amanda W. Reed, who died at Pasadena, California, in May, 1904. Mrs. Reed was the widow of S. G. Reed, deceased, and died without children. Her will was executed September 4, 1901, in this state, and recited that she resided at Portland.

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From Multnomah: Arthur L. Frazer, John B. Cleland and Melvin C. George, Judges. Statement by Mr. Chief Justice Bean. This is a contest over the probate ^in an Oregon court of the will of Amanda W. Reed, who died at Pasadena, California, in May, 1904. Mrs. Reed was the widow of S. G. Reed, deceased, and died without children. Her will was executed September 4, 1901, in this state, and recited that she resided at Portland. It disposes of real and personal property of more than $1,250,000 in value, almost all of which is in Oregon. Its probate is . contested on the ground, as claimed, that the…

1Opinion of the CourtChief Justice Bean

1. This contest arises out of the desire of a number of the heirs of Mrs. Reed to divert and circumvent her manifest intention and desire as to the disposition of her property by availing themselves of the provisions of a statute of California which makes void any devise or bequest for charitable uses in excess of a certain proportionate share of the estate of the deceased: 2 Kerr, Cyc. Code,' § 1313. To accomplish this purpose they assert that Mrs. Reed was domiciled in California, and the disposition of her property was subject to its laws. The case, therefore, depends upon the single fact…

2Cases cited8 opinions

  1. Dupuy v. . WurtzNew York Court of Appeals · 1873
  2. Ennis v. SmithSupreme Court of the United States · 1853
  3. Hayes v. HayesIllinois Supreme Court · 1874
  4. Tipton v. TiptonCourt of Appeals of Kentucky · 1888
  5. Caldwell v. PollakSupreme Court of Alabama · 1890

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3Cited by40 opinions

  1. Solomon Lew v. Stanton Moss and Harlean MossCourt of Appeals for the Ninth Circuit · 1986
  2. Pusey's EstateSupreme Court of Pennsylvania · 1935
  3. Charisse v. EldredSupreme Court of Arkansas · 1972
  4. Warren v. WarrenSupreme Court of Florida · 1917
  5. Owens v. HuntlingCourt of Appeals for the Ninth Circuit · 1940

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

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