In re Ely's Estate
Oregon Supreme Court
From Clackamas: James IT. Campbell, Judge. Department 2. Statement by Mb: Justice Harris. George D. Ely died August 6, 1912, in Los Angeles County, California, and at tbe time of bis death was a resident of that county. His estate consisted of both personal and real property. He owned real property located in Clackamas and Multnomah Counties, Oregon, as well as certain lands situated in Los Angeles County, California.
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From Clackamas: James IT. Campbell, Judge. Department 2. Statement by Mb: Justice Harris. George D. Ely died August 6, 1912, in Los Angeles County, California, and at tbe time of bis death was a resident of that county. His estate consisted of both personal and real property. He owned real property located in Clackamas and Multnomah Counties, Oregon, as well as certain lands situated in Los Angeles County, California. He did not leave any children, but the immediate relatives surviving him are his wife, Clara E. Ely, his mother, Mary E. Ely, a brother, John K. Ely, and four sisters. George D.…
1Opinion of the CourtJustice Harris
For the sake of brevity the instrument dated October 24, 1908, will be referred to as the first will, and the document bearing date of July 30, 1912, will be referred to as the second will. It will be observed that the second will contains the following: “Ho make, publish and declare this my last will and testament, ’ ’ and “I hereby nominate and appoint * * the executor of this my last will and testament.” The controversy between the litigating parties gives especial prominence, however, to the following language employed by the second will: “And hereby revoke all former wills by me made.”
*565The…
2Cases cited9 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- Zimmerman v. HaferCourt of Appeals of Maryland · 1895
- Kinney v. KinneyMichigan Supreme Court · 1876
- Dunham v. AverillSupreme Court of Connecticut · 1877
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3Cited by2 opinions
- In Re Heazle's EstateIdaho Supreme Court · 1952
- Allen v. BeemerIllinois Supreme Court · 1939