Oregon v. Simmons
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Melvin C. George and John B. Cleland, Judges, in joint session. Statement by Mr. Chief Justice Wolverton. This is an escheat proceeding by the State of Oregon against S. W. Simmons, as administrator, and the heirs of Henry Wilson, deceased.
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From Multnomah: Alfred F. Sears, Jr., Melvin C. George and John B. Cleland, Judges, in joint session. Statement by Mr. Chief Justice Wolverton. This is an escheat proceeding by the State of Oregon against S. W. Simmons, as administrator, and the heirs of Henry Wilson, deceased. The information filed herein November 24, 1899, shows, in substance, that Henry Wilson died in Multnomah County, April 27, 1899, intestate and without heirs; that he left an estate situate therein consisting of real and personal property which is particularly described; that the defendant Simmons was, on May 24, 1899,…
1Opinion of the CourtChief Justice Wolverton
Before the State could have judgment against the administrator that he render possession of the property involved by the controversy to the sheriff, it is essential that it allege and show that all the claims and demands against the estate presented to the administrator in the usual course, "and all costs and expenses of administration have been fully paid and discharged, and the estate settled; otherwise the administrator is still entitled to retain the property for the purpose of administration. Such, in effect, is the holding of this court in State ex rel. v. O’Day, 41 Or. 495 (69 Pac.…
2Cases cited1 opinion
- State v. O'DayOregon Supreme Court · 1902
3Cited by6 opinions
- Bank of California National Ass'n v. HolmanOregon Supreme Court · 1937
- In Re Wakefield's EstateOregon Supreme Court · 1939
- Aronow v. BishopMontana Supreme Court · 1941
- Oslin v. StateSupreme Court of Georgia · 1926
- State v. McDonaldOregon Supreme Court · 1909
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