Legal Opinion

Morgan's Estate

Oregon Supreme Court

Decided July 18, 1904PublishedCited by 26 opinions

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 of the CourtJustice Bean

delivered the. opinion of the court.

There are three questions presented for our consideration: (1) Whether, under Section 1161, B. & C. Comp., the county court, sitting in the transaction of probate business, has jurisdiction to adjudicate and allow a claim for more than $500 against an estate; (2) whether the notes upon which the claim of the bank is based were in fact the obligations of the partnership of Morgan & Stowell; and (3) whether they are barred by the statute of limitations.

1. The constitution provides: “The county court shall have the jurisdiction pertaining to probate courts, *…

2Cases cited7 opinions

  1. Wilkes v. CorneliusOregon Supreme Court · 1891
  2. Goltra v. PenlandOregon Supreme Court · 1904
  3. Wilkes v. CorneliusOregon Supreme Court · 1890
  4. Pruitt v. MuldrickOregon Supreme Court · 1901
  5. Johnston v. ShofnerOregon Supreme Court · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Sutherlin v. BloomerOregon Supreme Court · 1907
  2. Branch v. LambertOregon Supreme Court · 1922
  3. Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
  4. Woods v. WikstromOregon Supreme Court · 1913
  5. Ward v. MagahaWashington Supreme Court · 1913

21 more not listed; retrieve them via the Exa API.

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