Slate v. Henkle
Oregon Supreme Court
From Linn : Reuben P. Boise, Judge. Statement by Mr. Chief Justice Moore. This is a suit to recover expenses incurred and fees claimed to have been earned in the alleged administration of a decedent’s estate.
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From Linn : Reuben P. Boise, Judge. Statement by Mr. Chief Justice Moore. This is a suit to recover expenses incurred and fees claimed to have been earned in the alleged administration of a decedent’s estate. Frances Slate, an inhabitant of Benton County, died intestate therein November 22,1895, and, having left real and personal property in Linn County, the county court thereof, on May 16, 1900, appointed her son, Porter Slate, the plaintiff’herein, administrator of her estate, who gave the required undertaking and received letters of administration. Thereafter the county court of Benton…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendant’s counsel that Slate had an adequate remedy in the law action to recoup all expenses that he had legitimately incurred in relation to the decedent’s estate by alleging such facts in an answer to the complaint therein, and hence an error was committed in overruling the demurrer to the cross-bill and in rendering the decree herein. Any person who, without authority, intermeddled with the estate of a decedent, by doing such acts as properly belonged to the office of an executor or administrator, was originally denominated an *434executor de son tort, who could be sued…
2Cases cited5 opinions
- Bennett v. IvesSupreme Court of Connecticut · 1862
- Henkle v. SlateOregon Supreme Court · 1902
- Rutherford v. ThompsonOregon Supreme Court · 1886
- Chow v. BrockwayOregon Supreme Court · 1891
- Bradley v. CommonwealthSupreme Court of Pennsylvania · 1858
3Cited by11 opinions
- Anderson, Adm. v. CloughOregon Supreme Court · 1951
- In Re Workman's EstateOregon Supreme Court · 1936
- Shawnee Nat. Bank v. Van ZantSupreme Court of Oklahoma · 1921
- Seavert v. CooperSupreme Court of Iowa · 1919
- In Re Estate of MacMullenOregon Supreme Court · 1926
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