Legal Opinion

Stevens v. Myers

Oregon Supreme Court

Decided February 27, 1912Published

From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is a proceeding by Georgia Frances Stevens against - George Tobias Myers, Jr., to contest a certain instrument purporting to be the last will and testament and the codicil thereto of George T. Myers.

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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is a proceeding by Georgia Frances Stevens against - George Tobias Myers, Jr., to contest a certain instrument purporting to be the last will and testament and the codicil thereto of George T. Myers. The facts are as follows: On July 22, 1907, upon the petition of the defendant here, the county court of Multnomah County, Oregon, admitted to probate, in common form, a paper, purporting to be the last will and testament of George T. Myers, and a codicil annexed thereto, and directed that letters testamentary issue…

1Opinion

*399Decided July 30, 1913.

On Rehearing.

[126 Pac. 29.]

2Opinion of the CourtJustice Burnett

Mr. Justice McBride and Mr. Justice Bean dissenting.

Upon the ex parte petition of George Tobias Myers, Jr., the county court of Multnomah County issued to him letters testamentary on the will of his deceased father. Afterwards, in a proceeding initiated in the same county court by his sister, Georgia Frances Stevens, the petitioner here, to contest the will, the executor named therein again propounded it for probate; but the court refused the same and set the will aside, together with the codicil attached thereto. On appeal to the circuit…

3Cases cited28 opinions

  1. Perris v. HigleySupreme Court of the United States · 1874
  2. Heirs of Clark v. EllisOregon Supreme Court · 1881
  3. Hubbard v. HubbardOregon Supreme Court · 1879
  4. Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
  5. State v. McDonaldOregon Supreme Court · 1909

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