Brown v. Austin
Oregon Supreme Court
From Multnomah: John MoOoubt, Judge. In Banc. The defendants are the executors of the last will and testament of George Gardner, deceased, who died May 30, 1919, and whom Annie Brown, the mother of the plaintiff, married in September, 1885. Paul C. Brown, father of Charles Brown, plaintiff herein, died in February, 1885. All the foregoing statements are admitted by the pleadings.
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From Multnomah: John MoOoubt, Judge. In Banc. The defendants are the executors of the last will and testament of George Gardner, deceased, who died May 30, 1919, and whom Annie Brown, the mother of the plaintiff, married in September, 1885. Paul C. Brown, father of Charles Brown, plaintiff herein, died in February, 1885. All the foregoing statements are admitted by the pleadings. The complaint alleges that Paul C. Brown left “in trust for his child Charles Brown, plaintiff herein, the sum of $400. ’ ’ That pleading charges that shortly after the marriage of George Gardner and Annie Brown, he…
1Opinion of the CourtBurnett, C. J.
The plaintiff’s testimony is to the effect that he was about nine months of age when his father died, in February, 1885, and that he attained the age of twenty-one years in May, 1905. It is admitted in the pleadings that his mother married Gardner in September, 1885. He states that in the autumn of 1904, prior to his coming to the age of majority, he had a talk with Gardner and his then wife, plaintiff’s mother having died and Gardner having married again. He said he had been informed by one of the defendants that there was money coming to him from Gardner and that during that talk referred…
2Cited by3 opinions
- Webster v. HarrisOregon Supreme Court · 1950
- Kneeland v. ShroyerOregon Supreme Court · 1958
- Reynolds v. United States National BankOregon Supreme Court · 1943