Hanner v. Silver
Oregon Supreme Court
Appeal from Multnomah County. The complaint in this case, as a petition, was filed in the County Court of Multnomah county, sitting in probate.
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Appeal from Multnomah County. The complaint in this case, as a petition, was filed in the County Court of Multnomah county, sitting in probate. It alleges that the real name of decedent was Binice Thomas; that he died possessed of valuable real estate in that county, and left first cousins upon his mother’s side, as his heirs-at-law ; that such first cousins, and the children of deceased first cousins, are his sole and legal heirs; that petitioners, as purchasers from certain of those heirs, are owners in fee of a certain specified undivided part of the estate of said Finice, and that Hanner…
1Opinion of the CourtPrim, J.
The petition does not show what progress has been made in the administration; whether any or what property, either personal or real, is comprised in the estate; whether any account has been rendered; whether debts exist, or whether any have been paid. The main question to be determined in this case is whether, under our statute, it is the duty of the County Court to determine what persons are *338entitled to the realty; and to make partition of the real estate of the decedent. This question has been fully argued, and as it affects the whole merits, the decision of this question is conclusive of…
2Cases cited2 opinions
- Dakin v. HudsonNew York Supreme Court · 1826
- Griffith v. BeecherNew York Supreme Court · 1851
3Cited by3 opinions
- State v. O'DayOregon Supreme Court · 1902
- Clark v. BundyOregon Supreme Court · 1896
- Farmers & Merchants Insurance v. JensenNebraska Supreme Court · 1899