Brown v. Brown
Oregon Supreme Court
Appeal from Clatsop County. The facts are stated in the opinion. A power given to manage property does not authorize its sale; but even if sueb authority is implied, the statute interferes for the protection of heirs and creditors, and provides the manner in which the sale shall be conducted and reported to the court. (Civ.
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Appeal from Clatsop County. The facts are stated in the opinion. A power given to manage property does not authorize its sale; but even if sueb authority is implied, the statute interferes for the protection of heirs and creditors, and provides the manner in which the sale shall be conducted and reported to the court. (Civ. Code, 328, secs. 1109, 1123.) The California statute on the same subject is very similar, and the supreme court of that state held in a case where the will expressly directed a sale, that the sale must be reported to and confirmed by the probate court. (Pelcins v. Gridley,…
1Opinion of the Court
By the Court,
Kelly, C. J.:
This is a suit to quiet the title to certain lands of which the respondents claim to be the owners in fee-simple. The material facts in the case are substantially as follows: Cyrus Olney, a resident of Clatsop county in his life-time, and at the time of his death, was seised in fee of certain lands in that county, including those described in the complaint. On the eleventh day of December, 1870, he made his last will, which is as follows:
“Last will of Cyrus Olney of Astoria, in the county of Clatsop, state of Oregon:
“ 1. I bequeath and devise all my personal…
2Cases cited5 opinions
- City of Philadelphia v. Heirs of GirardSupreme Court of Pennsylvania · 1863
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- In re Estate of DelaneyCalifornia Supreme Court · 1874
- Foulke v. ZimmermanSupreme Court of the United States · 1872
- Hogan v. WymanOregon Supreme Court · 1868
3Cited by13 opinions
- Mansfield v. HillOregon Supreme Court · 1910
- In re John's WillOregon Supreme Court · 1896
- Raley v. Umatilla CountyOregon Supreme Court · 1887
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- In Re Workman's EstateOregon Supreme Court · 1936
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