Legal Opinion

Simpson v. Durbin

Oregon Supreme Court

Decided November 20, 1913PublishedCited by 10 opinions

Prom Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a will contest instituted by J. T. Simpson, J. G. Wisdom, J. T. Wisdom, Minnie Gould, A. J. Wisdom, William Wisdom, E. J. Mills, William P. Mills, Joseph M. Mills, Samuel T. Mills, Sr., Mary J. Brown, Mary E. Mills, Mandana P. Shriver, Lizzie M. Beall, Doctor Smith, Frank Smith, Ira E. Smith, Sarah I. Hamilton, Jannie A. Kirk, Doctor Kimsey, Pierce Kimsey, James Kimsey, Hannah Kimsey, Viola…

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Prom Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a will contest instituted by J. T. Simpson, J. G. Wisdom, J. T. Wisdom, Minnie Gould, A. J. Wisdom, William Wisdom, E. J. Mills, William P. Mills, Joseph M. Mills, Samuel T. Mills, Sr., Mary J. Brown, Mary E. Mills, Mandana P. Shriver, Lizzie M. Beall, Doctor Smith, Frank Smith, Ira E. Smith, Sarah I. Hamilton, Jannie A. Kirk, Doctor Kimsey, Pierce Kimsey, James Kimsey, Hannah Kimsey, Viola Purtrazer, John Bnsh, Belle Gaston, M. W. Hunt, J. T. Hunt, Lanrance Hunt, Sarah Steeves, Sarah Hunt, Mary Hunt, Helen Hunt,…

1Opinion of the CourtJustice Eakin

There are several assignments of error, but they are all answered by the decision of two questions, namely: (1) Did the decedent write the will? and (2) Did he acknowledge to the witnesses that it was his will or an instrument he executed?

1. The witness to the will, Hixon, testified: “That decedent came to his house in East Salem in a buggy. I rode down town with him, got along about the State House, and he asked me ‘if I would sign the statement he had written out; what he wanted to do with his property. He said something might happen to him.’ That the decedent read the statement over to him…

2Cases cited2 opinions

  1. Hubbard v. HubbardOregon Supreme Court · 1879
  2. Mendenhall's WillOregon Supreme Court · 1903

3Cited by10 opinions

  1. Sturtevant v. SturtevantOregon Supreme Court · 1919
  2. In Re Lobb's WillOregon Supreme Court · 1945
  3. Wayne v. HuberOregon Supreme Court · 1930
  4. In Re Will of Robert CarrOregon Supreme Court · 1927
  5. Rice v. RiceOregon Supreme Court · 1920

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