Legal Opinion

Morgan's Estate

Oregon Supreme Court

Decided July 18, 1904Published

From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. This proceeding was instituted in the county court, sitting for the transaction of probate business, to establish a claim against the estate of A. H. Morgan, deceased.

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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. This proceeding was instituted in the county court, sitting for the transaction of probate business, to establish a claim against the estate of A. H. Morgan, deceased. Morgan and A. W. Stow-ell formed a partnership in 1882, engaging in the retail grocery and feed business in the.City of Portland, from time to time borrowing sundry moneys from the Commercial National Bank, the assignor of Wells, Fargo & Co. On or about October 1, 1888, they sold out their business, but did not dissolve their partnership, nor did the…

1Opinion

Decided 3 January, 1905.

On Motion eor Rehearing.

2Opinion of the CourtJustice Bean

5. Counsel for the executrix has filed a petition for a rehearing, in which he discusses at great length and with singular learning and ability the jurisdiction of probate courts at common and civil law, for the purpose of showing that the court was mistaken in holding that at the time of the adoption of our constitution such courts had power and jurisdiction to hear and determine the validity of claims against an estate or a decedent which had been presented to and disallowed by an executor or administrator. The question is an interesting one,…

3Cases cited14 opinions

  1. Currey v. ButcherOregon Supreme Court · 1900
  2. Feldman v. McGuireOregon Supreme Court · 1899
  3. Brown v. Oregon Lumber Co.Oregon Supreme Court · 1893
  4. Grant v. BakerOregon Supreme Court · 1885
  5. Herbert v. DufurOregon Supreme Court · 1893

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