Fetting v. Winch
Oregon Supreme Court
Statement by Mr. Chief Justice Moore. This is an action by Margaret Fetting, as administratrix of the estate of her husband, William F. Fetting, deceased, against Martin Winch, to recover damages resulting from the death of her spouse.
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Statement by Mr. Chief Justice Moore. This is an action by Margaret Fetting, as administratrix of the estate of her husband, William F. Fetting, deceased, against Martin Winch, to recover damages resulting from the death of her spouse. The facts admitted by the pleadings or disclosed by the testimony are that Amanda Reed died testate, seised of real property of Third street, in the city of Portland, and also was the owner of the structure thereon known as the “Abington Building.” She designated as the executor of her last will, the defendant, who duly qualified as such, and took and retained…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. The question to be considered is whether or not a recovery can be had against an executor based on the evidence given at the trial. An action cannot be maintained against an executor or an administrator in his representative character while administering the estate, for a wrongful act committed by him, whereby a personal injury is inflicted upon another. If liable at all, as the act is beyond the scope of his official authority, he must be sued, as in the case at bar, as an individual. Schouler’s Ex. & Adm’r, § 385; 11 Am. & Eng. Enc. Law, (2 ed.) 942; 18…
2Cases cited5 opinions
- Belvin's Ex'ors v. FrenchSupreme Court of Virginia · 1887
- Southern Railway Co. v. MorrisonSupreme Court of Georgia · 1898
- McCue v. FinckNew York Supreme Court · 1897
- Plimpton v. RichardsSupreme Judicial Court of Maine · 1871
- Boston Beer Packing Co. v. StevensU.S. Circuit Court for the District of Southern New York · 1882
3Cited by8 opinions
- Johnston v. LongCalifornia Supreme Court · 1947
- Knapp v. Standard Oil Co.Oregon Supreme Court · 1937
- Tauscher v. Doernbecher Manufacturing Co.Oregon Supreme Court · 1936
- Anderson v. State Industrial Accident CommissionOregon Supreme Court · 1923
- Vance v. Estate of MyersAlaska Supreme Court · 1972
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