Denning v. McCoy
Oregon Supreme Court
From Douglas. James W. Hamilton, Judge. Statement by Mr. Chief Justice Bean. This is a proceeding to establish and probate a lost will. In the spring of 1900 J. J. McCoy made and executed in due form of law Ms last will and testament.
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From Douglas. James W. Hamilton, Judge. Statement by Mr. Chief Justice Bean. This is a proceeding to establish and probate a lost will. In the spring of 1900 J. J. McCoy made and executed in due form of law Ms last will and testament. He died on the 9th of January, 1904, leaving real and personal property of the probable value of $3,000. After diligent search it was impossible to find his will, and on March 25, 1904, Snow Denning, one of the heirs, filed a petition in the county court to establish such will and for an order admitting it to probate, alleging that it had not been revoked but…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The will sought to be established and probated in' tMs proceeding was prepared by Judge Fitzhugh ,in lieu of a former will, and was executed in his office and witnessed by A. C. Marsters and H. W. Miller. It has never been seen since its execution, so far as the record discloses, and Fitzhugh, Marsters and Miller are the only persons who know anything about its deposition. There is an apparent conflict in their testimony as to whether it was left with Fitzhugh by McCoy after it was executed, or taken away by him; but we are clearly of the opinion, from a great…
2Cases cited4 opinions
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Williams v. MilesNebraska Supreme Court · 1903
- Luis v. MuhrbackOregon Supreme Court · 1907
- Ewing v. McIntyreMichigan Supreme Court · 1905
3Cited by8 opinions
- Van Vlack v. Van VlackOregon Supreme Court · 1947
- Flanders v. WhiteOregon Supreme Court · 1932
- In Re Carlson's EstateOregon Supreme Court · 1936
- Salter v. Salter, Adm.Oregon Supreme Court · 1957
- Carpenter v. TschacheMontana Supreme Court · 1974
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