In re Frizzell's Estate
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 2. This is a proceeding by the widow, on behalf of herself and a minor child, to have the exempt homestead, consisting of a house and lot in the City of Salem, set aside to her as her own individual property, and to have an allowance set aside to her in addition, to the amount of $100 a month for the first year after the death of her husband.
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From Marion: George G. Bingham, Judge. Department 2. This is a proceeding by the widow, on behalf of herself and a minor child, to have the exempt homestead, consisting of a house and lot in the City of Salem, set aside to her as her own individual property, and to have an allowance set aside to her in addition, to the amount of $100 a month for the first year after the death of her husband. J. P. Frizzell, the husband of the petitioner, died on the fourth day of March, 1917, leaving an estate valued at about $16,500. This estate included Lot 8, Block 85, of the City of Salem, which is the…
1Opinion of the CourtBennett, J.
The most important question in the case is whether or not the right of a widow to the exempt homestead of her deceased husband is superior to that of a devisee under his will, so that she can have such homestead set apart absolutely to her, notwithstanding the will.
1. It is claimed by the appellant that the exempt homestead may be devised away by the husband in his will, and that if it is not disposed of by will, it will descend to the heirs, and cannot be set aside in fee to the widow and children under Section 1234, L. O. L.
That section provides:
“Upon the filing of the inventory, the court…
2Cases cited4 opinions
- Mansfield v. HillOregon Supreme Court · 1910
- Ramish v. HartwellCalifornia Supreme Court · 1899
- State v. GanongOregon Supreme Court · 1919
- Wycoff v. SnappOregon Supreme Court · 1914
3Cited by15 opinions
- Iltz v. KriegerOregon Supreme Court · 1922
- Leet v. BarrOregon Supreme Court · 1922
- Overland v. JacksonOregon Supreme Court · 1928
- Ferguson v. HolbornOregon Supreme Court · 1922
- McCan v. First National Bank of PortlandDistrict Court, D. Oregon · 1954
10 more not listed; retrieve them via the Exa API.