Booth's Will
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. In September, 1888, Yerena Wischer, an unmarried woman, over eighteen years of age, and of sound mind, executed her will in due form. Thereafter she married John C. Booth. No children were born of this marriage. Mrs. Booth died in January, 1899, and Mr. Booth in December of the same year.
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From Marion: Reuben P. Boise, Judge. In September, 1888, Yerena Wischer, an unmarried woman, over eighteen years of age, and of sound mind, executed her will in due form. Thereafter she married John C. Booth. No children were born of this marriage. Mrs. Booth died in January, 1899, and Mr. Booth in December of the same year. The question now is whether Mrs. Booth’s property shall be disposed of under her will or under the statute — in other words, was the will revoked by the subsequent marriage of its maker. The county court admitted the will to probate, but that order was reversed by the…
1Opinion of the Court
On Motion to Advance for Hearing.
Submitted without oral argument.
2Per curiam
1. The motion to advance in this case must be denied. It is a civil action, involving no question of public importance, and, under Rule 16 of the Supreme .Court of Oregon (35 Or. 587, 600) must come up for argument in the order of its entry on the trial docket. An early hearing is no doubt important to the immediate parties litigant; but the same is probably true of the other eases entitled to precedence over it, and it would be unjust to them to advance it out of its Order.
Motion Overruled.
3Cited by17 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Sandys v. WilliamsOregon Supreme Court · 1905
- In Re Walters' EstateNevada Supreme Court · 1940
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
- Large v. DierckenCalifornia Supreme Court · 1926
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