Howell v. Howell
Oregon Supreme Court
Prom Marion: William Galloway, Judge. Statement by Mr. Justice Harris. This is a suit by Grace Howell, Katie Howell Uhrig and Guy N. Howell against Fiducia F. Howell and Amy N. Howell. The facts are as follows: Joseph H. Howell and the defendant Fiducia F. Howell were husband and wife, and John M. Howell was their only child. The plaintiffs Grace Howell, Katie Howell Uhrig and Guy N. Howell are the chil-' dren of John M. Howell and the defendant Amy N. Howell.
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Prom Marion: William Galloway, Judge. Statement by Mr. Justice Harris. This is a suit by Grace Howell, Katie Howell Uhrig and Guy N. Howell against Fiducia F. Howell and Amy N. Howell. The facts are as follows: Joseph H. Howell and the defendant Fiducia F. Howell were husband and wife, and John M. Howell was their only child. The plaintiffs Grace Howell, Katie Howell Uhrig and Guy N. Howell are the chil-' dren of John M. Howell and the defendant Amy N. Howell. John M. Howell died intestate on July 26, 1907, and the death of Joseph H. Howell occurred on June 7, 1909. W. D. Mohney and wife on…
1Opinion of the CourtJustice Harris
If the theory of the plaintiffs is correct, Joseph H. Howell and his son John M. Howell were tenants in common, owning equal interests in two tracts of land which aggregated 35 acres; upon the death of John *544M. Howell Ms undivided one half, by operation of law, descended to Ms three children subject to the dower interest possessed by Amy N. Howell; the writing, which Joseph H. Howell prepared and no doubt believed would serve as his will, did not provide for or mention John M. Howell or his children, and was therefore not binding upon the plaintiffs (Sections 7325 and 7348, L. O. L.); and if…
2Cases cited16 opinions
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Williams v. Pacific Surety Co.Oregon Supreme Court · 1912
- Chance v. GrahamOregon Supreme Court · 1915
- Garetson Lumber Co. v. HinsonOregon Supreme Court · 1914
- Sisemore v. PeltonOregon Supreme Court · 1889
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3Cited by6 opinions
- Coleman v. CrawfordWashington Supreme Court · 1926
- Larsen v. DukeOregon Supreme Court · 1925
- Cole v. ColeOregon Supreme Court · 1937
- Mitchell v. ThompsonCourt of Appeals of Texas · 1926
- Williams v. BriggsOregon Supreme Court · 1972
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