Montague v. Schieffelin
Oregon Supreme Court
From Washington: Thomas A. McBride, Judge. Statement by Mr. Chiee Justice Wolvekton.' This is a suit by Bichard W. Montague, as trustee in bankruptcy in the matter of the estate of Effingham L. Schieffelin, bankrupt, against Jay L. Schieffelin and others to subject an undivided one-fourth interest in the estate of Edward L. Schief■ielin, deceased, to the payment of the debts of the bankrupt, which interest it is alleged is held in trust for him by Jay L. Schieffelin.
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From Washington: Thomas A. McBride, Judge. Statement by Mr. Chiee Justice Wolvekton.' This is a suit by Bichard W. Montague, as trustee in bankruptcy in the matter of the estate of Effingham L. Schieffelin, bankrupt, against Jay L. Schieffelin and others to subject an undivided one-fourth interest in the estate of Edward L. Schief■ielin, deceased, to the payment of the debts of the bankrupt, which interest it is alleged is held in trust for him by Jay L. Schieffelin. The alleged trust relations and title are dependent for their validity and legal existence upon certain papers, one denominated…
1Opinion of the CourtChief Justice Wolverton
1. The only question which need be considered in this case is whether Effingham L. Schieffelin acquired any right or title to the property in question by virtue of the papers left by the deceased, which it is alleged are his last will and codicil thereto. The question is made here upon the complaint that it does not state facts entitling the plaintiff to the relief demanded. • The plaintiff deraigns title for Effingham wholly through these supposed muniments. If they are insufficient or inadequate for the purposes of a devise or bequest transferring title from the deceased to Effingham, then…
2Cases cited6 opinions
- In re John's WillOregon Supreme Court · 1896
- In re Estate of BeardWyoming Supreme Court · 1897
- Orth v. OrthIndiana Supreme Court · 1895
- Jones v. DoveOregon Supreme Court · 1876
- Appeal of MagoohanSupreme Court of Pennsylvania · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tigglebeck v. RussellOregon Supreme Court · 1949
- Florey v. MeekerOregon Supreme Court · 1952
- Lovskog v. American Nat. Red CrossCourt of Appeals for the Ninth Circuit · 1940
- In re Bradley's EstateDistrict Court, D. Alaska · 1945