Roach's Estate
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. ‘ This proceeding in the matter of the Estate of Caroline H. Roach, Deceased, was instituted in the County Court of Multnomah County by Eva M. Roach and others, legatees, to compel James Humphrey, an executor, to render a final account.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. ‘ This proceeding in the matter of the Estate of Caroline H. Roach, Deceased, was instituted in the County Court of Multnomah County by Eva M. Roach and others, legatees, to compel James Humphrey, an executor, to render a final account. Caroline H. Roach, by her last will, executed April 7, 1888, gave to her husband, B. H. Roach, the sum of $10, and devised and bequeathed the remainder of her property equally to her children. The will contains, inter alia, the following clauses: “I desire and direct my executors to keep…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
It is contended by Humphrey’s counsel that the clauses of the will quoted imposed upon their client executorial duties upon the performance of which he became a trustee, and that, having fully discharged the first obligation, as is evidenced by his semiannual report of October 14, 1895, a trust in the property of the estate immediately attached, whereby the jurisdiction of the county court terminated and that of the circuit court attached; and, this being so, the former court was power*186less to act in the matter, and hence an error was committed in refusing to…
2Cases cited21 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Cruce v. CruceSupreme Court of Missouri · 1884
- Vohmann v. . MichelNew York Court of Appeals · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Unander v. United States National BankOregon Supreme Court · 1960
- Hagey v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1942
- Parks v. LefeberSupreme Court of Oklahoma · 1933
- In Re Lachmund's EstateOregon Supreme Court · 1946
37 more not listed; retrieve them via the Exa API.