Leahy v. Cardwell
Oregon Supreme Court
Multnomah County. Defendant appeals. Daniel Harvey died in 1868, leaving a will, which, after certain specific legacies, devised to his wife, Eloisa Harvey, the use during her life of all the residue of his estate. The executors, on April 18, 1871, loaned said Eloisa $5,100 belonging to the estate, and on September 15, 1878, $974.40 more, taking her notes therefor at 12 per cent, per annum.
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Multnomah County. Defendant appeals. Daniel Harvey died in 1868, leaving a will, which, after certain specific legacies, devised to his wife, Eloisa Harvey, the use during her life of all the residue of his estate. The executors, on April 18, 1871, loaned said Eloisa $5,100 belonging to the estate, and on September 15, 1878, $974.40 more, taking her notes therefor at 12 per cent, per annum. There appear to have been no transactions on account, of the estate after July, 1878, but final settlement was not made till November 4,1880, when the county court made an order settling up the estate, and…
1Opinion of the CourtLord, C. J.
Daniel Harvey, father of the claimant, and husband of Eloísa Harvey, deceased, by a clause in his will provided : “ I give, devise, and bequeath unto my said beloved wife, for and during her natural life, so long as she remains single, the same also to be accepted and received by her in lieu of dower, subject to payment of all lawful debts, taxes, and adjustments thereon, the absolute use and control of all the rest and residue of my property, real, personal, and mixed, whatsoever and wheresoever, for her comfort and support, and for the support and education, in her discretion, of our…
2Cited by4 opinions
- McDougald v. LowCalifornia Supreme Court · 1912
- Durkheimer v. CommissionerUnited States Board of Tax Appeals · 1940
- Brown v. HillearyOregon Supreme Court · 1934
- In Re Shepherd's EstateOregon Supreme Court · 1935