Weider v. Osborn
Oregon Supreme Court
Benton county: R. S. Bean, Judge. Defendants appeal. This was an action brought by the plaintiff against the defendants on a promissory note dated October 20, 1884, made by them and payable to the order of Harrison Weider, twelve months after date, with interest thereon at ten per cent until paid. The complaint alleges the execution of the note, the death of Harrison Weider, intestate, on the 5th day of September, 1885, the appointment of Geo.
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Benton county: R. S. Bean, Judge. Defendants appeal. This was an action brought by the plaintiff against the defendants on a promissory note dated October 20, 1884, made by them and payable to the order of Harrison Weider, twelve months after date, with interest thereon at ten per cent until paid. The complaint alleges the execution of the note, the death of Harrison Weider, intestate, on the 5th day of September, 1885, the appointment of Geo. W. Weider as administrator of the estate of Harrison Weider, and his. qualifying as such administrator; that the plaintiff was the wife of Harrison…
1Opinion of the CourtLord, J.
— There is but one question presented by this record, and that is whether the administrator could make a transfer of the note to the plaintiff as a part of her distributive share of the estate without an order from the probate court. The defendants admit the execution of the note, nor do they deny their liability to pay it, but they seek to abate the action upon the ground that the transfer did not pass the title to the plaintiff, or out of the estate of her deceased husband, and that without an order for the transfer by the probate court, they would still be liable to that estate. At common…
2Cases cited5 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Hough v. BaileySupreme Court of Connecticut · 1864
- Winkle v. WinkleOregon Supreme Court · 1879
- Clark v. MosesSupreme Court of Alabama · 1874
- Marshall County v. HannaSupreme Court of Iowa · 1881
3Cited by17 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Hillman v. YoungOregon Supreme Court · 1912
- Wickersham v. JohnstonCalifornia Supreme Court · 1894
- State v. O'DayOregon Supreme Court · 1902
- Grignon v. ShopeOregon Supreme Court · 1921
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