Warren v. Hendricks
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. The last will and testament of Elizabeth Conser, deceased, having been admitted to probate, and T. C~. Hendricks appointed executor in pursuance thereof, he prepared and filed an inventory and appraisement of the estate, setting forth various items of personal property, among which appears the following: “William Edris, W. P. Edris, K. S. Edris, one note, $8,120, date' February 7, 1894, payable on or before three years, interest 10 per…
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From Lane: James W. Hamilton, Judge. The last will and testament of Elizabeth Conser, deceased, having been admitted to probate, and T. C~. Hendricks appointed executor in pursuance thereof, he prepared and filed an inventory and appraisement of the estate, setting forth various items of personal property, among which appears the following: “William Edris, W. P. Edris, K. S. Edris, one note, $8,120, date' February 7, 1894, payable on or before three years, interest 10 per cent. Credits. * * * Present value: Principal, $6,600; interest, probable real value $4,500, $684.50.” It also contains,,…
1Opinion of the CourtJustice Wolvbrton
1. The estimated value of the estate being $45,000, it is objected that the executor did not properly qualify, so as to entitle him to enter upon the discharge of his trust; but the objection cannot avail, as the will fixed the amount of the bond at $20,000, and a bond in that sum was executed and approved by the county court. This provision of the will was reasonable, and, the bond designated having been given, it was unnecessary to require the executor to take the oath prescribed in cases where the undertaking is wholly dispensed with.
2. There was a publication of notice to creditors, and…
2Cases cited5 opinions
- Peck v. . SherwoodNew York Court of Appeals · 1874
- In re Johnston's EstateNew York Supreme Court · 1891
- Mussey v. SanbornMassachusetts Supreme Judicial Court · 1818
- Ex parte JonesU.S. Circuit Court for the District of District of Columbia · 1831
- Frame v. WilletsNew York Surrogate's Court · 1886
3Cited by2 opinions
- Ring v. LundSupreme Court of Iowa · 1906
- Hofer v. GofnerOregon Supreme Court · 1930