Ferguson v. Holborn
Oregon Supreme Court
From Union: J. W. Knowles, Judge. In Banc. This is a suit to vacate a decree of the County Court setting aside a homestead in La Grande, Oregon, to a widow. Plaintiffs appeal from a decree in favor of defendants. William H. Ferguson died testate, on January 28, 1913, in Union County, Oregon, seized of the property in question, being used by the couple as a residence, and of some other real property, all in La Grande, Union County, Oregon.
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From Union: J. W. Knowles, Judge. In Banc. This is a suit to vacate a decree of the County Court setting aside a homestead in La Grande, Oregon, to a widow. Plaintiffs appeal from a decree in favor of defendants. William H. Ferguson died testate, on January 28, 1913, in Union County, Oregon, seized of the property in question, being used by the couple as a residence, and of some other real property, all in La Grande, Union County, Oregon. There were no children living, or born as a result of the marriage, and he was survived by no father or mother, but left surviving him besides Anna…
1Opinion of the CourtBean, J.
Plaintiffs contend that Anna Ferguson was put to her election to take either under the will or her statutory right of homestead by reason of the fact that the will gave her a life estate in all the prop*571erty of the deceased; that the conduct of Anna Ferguson in qualifying as executrix of the will, and bringing the suit to construe the will and for all of the property, amounted to an acceptance of the will and an election to take under the will; that the order of the County Court setting off the homestead was obtained by fraud upon the court by reason of the failure to disclose to the court the…
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