Legal Opinion

Hurley v. O'Brien

Oregon Supreme Court

Decided November 7, 1898PublishedCited by 20 opinions

From Marion : Henry H. Hewitt, Judge. Proceedings to set aside the probate of the will of Catharine E. Darst, deceased. An order of the county-court probating the will o was affirmed in the circuit court on petition of the proponents Joanna O’Conner O’Brien and others, and contestants James J. Hurley, administrator, and others, appeal.

1Opinion of the CourtJustice Moore

This is a proceeding instituted in the County Court of Marion County to have the probate of the will of Catharine E. Darst, deceased, vacated, and the will set aside and declared void. The testatrix died at Independence, Oregon, June 24, 1894, unmarried and without lineal descendants, leaving an estate in Marion County valued at about $26,000, and a will, executed by her five days prior to her death, by the terms of which she bequeathed to the Very Rev. F. X. Blanchet, of Gervais, and to Rev. J. S. White, of Salem”, Oregon, the sum of $250 each, for masses to be celebrated by them for the…

2Cases cited3 opinions

  1. Gardiner v. GardinerNew York Court of Appeals · 1865
  2. Kinne v. JohnsonNew York Supreme Court · 1869
  3. Small v. SmallSupreme Judicial Court of Maine · 1826

3Cited by20 opinions

  1. Holman's WillOregon Supreme Court · 1902
  2. In Re Knutson's WillOregon Supreme Court · 1935
  3. Estate of Verd Hill v. HendersonOregon Supreme Court · 1953
  4. In Re Will of Robert CarrOregon Supreme Court · 1927
  5. Turner's WillOregon Supreme Court · 1908

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