Legal Opinion

John v. Smith

U.S. Circuit Court for the District of Oregon

Decided February 4, 1899No. 2,421PublishedCited by 3 opinions

This is an action by Benjamin F. John against Philip T. Smith, executor, and others, for the recovery of real estate. On demurrer to answer.

1Opinion of the Court

BELLINGER, District Judge.

On about the 27th day of May, 1886, James John died in Multnomah county, leaving a will, which, omitting formal parts, is as follows:

“First. I do hereby give, bequeath, and devise all money, property, and estate, real and personal, of every kind and nature, of which I may die seised or possessed, or be entitled to at the time of my death, and wheresoever situate or being, to my executors hereinafter named, to and for the following uses and trusts; that is to say: (1) To sell and convert all my personal property into casii, at private or public sale, as to them shall…

2Cases cited5 opinions

  1. Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
  2. Russell v. AllenSupreme Court of the United States · 1883
  3. In re John's WillOregon Supreme Court · 1896
  4. Pennoyer v. WadhamsOregon Supreme Court · 1891
  5. Steel v. FellOregon Supreme Court · 1896

3Cited by3 opinions

  1. Bryant v. CadleWyoming Supreme Court · 1909
  2. John v. SmithCourt of Appeals for the Ninth Circuit · 1900
  3. E. Henry Wemme Co. v. SellingOregon Supreme Court · 1927

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