Bellinger v. Thompson
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by Chas. Byron Bellinger, as guardian of Linda and Ben Campbell Holladay, minor children of Esther Holladay, deceased, against David P. Thompson, Frank Dekum, and Wm.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by Chas. Byron Bellinger, as guardian of Linda and Ben Campbell Holladay, minor children of Esther Holladay, deceased, against David P. Thompson, Frank Dekum, and Wm. W. Spaulding, as sureties on official bonds of Rufus Ingalls, executor of the will of said Esther Holladay, to recover the sum of twelve thousand five hundred and fifty-eight dollars and nine cents, ascertained and found to be due to his wards from said executor on final settlement. The facts are that on April fifth, eighteen hundred and eighty-nine, the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The defendants contend that because Mrs. Holladay expressly declared in her will that no bonds or security should be required of Ingalls as the executor thereof, the county court had no authority to require him to give bonds, and, this being so, no liability exists upon the bonds in question. Under the early English law the spiritual courts, which had jurisdiction in the settlement of estates, exerted so little authority over an executor, who was supposed to derive his powers from the testator and not from the grant of the ordinary, that they refused to…
2Cases cited27 opinions
- United States v. TingeySupreme Court of the United States · 1831
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Casoni v. . JeromeNew York Court of Appeals · 1874
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Scofield v. . ChurchillNew York Court of Appeals · 1878
22 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Roach's EstateOregon Supreme Court · 1907
- Ellyson v. LordSupreme Court of Iowa · 1904
- Weyant v. Utah Savings & Trust Co.Utah Supreme Court · 1919
- Rutenic v. HamakarOregon Supreme Court · 1902
- Unander v. United States National BankOregon Supreme Court · 1960
39 more not listed; retrieve them via the Exa API.