Savage v. Savage
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Bean. Lyman A. Savage died on the 11th day of February, 1898, seised and possessed of a large amount of real property in Marion county, and leaving a will, the material parts of which are as follows: “I, Lyman A. Savage, of Salem, Oregon, being of sound and disposing mind and memory, do make and declare this to be my last will and testament, hereby revoking all wills and testamentary papers at any time…
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Bean. Lyman A. Savage died on the 11th day of February, 1898, seised and possessed of a large amount of real property in Marion county, and leaving a will, the material parts of which are as follows: “I, Lyman A. Savage, of Salem, Oregon, being of sound and disposing mind and memory, do make and declare this to be my last will and testament, hereby revoking all wills and testamentary papers at any time heretofore made by me. I give,- devise and bequeath all my real and personal property wheresoever and whatsoever unto my…
1Opinion of the CourtChief Justice Bean
1. The position of the defendants concurred in by the court below is, that the purpose of this suit is to obtain a judicial construction of a will which, under the rule announced in Edgar v. Edgar, 26 Or. 65 (37 Pac. 73), *170cannot be maintained. The complaint contains many unnecessary averments, but manifestly embodies all the essential allegations required in a suit to determine an adverse claim to real estate under Section 516, B. & C. Comp. It shows that plaintiff has a substantial interest in, and is in possession of certain described real property, and that defendant claims an estate or…
2Cases cited15 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Roberts v. LewisSupreme Court of the United States · 1894
- Little v. GilesNebraska Supreme Court · 1889
- Kaufman v. BreckinridgeIllinois Supreme Court · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State of Oregon v. DeweyOregon Supreme Court · 1956
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Arbogast v. Pilot Rock Lumber Co.Oregon Supreme Court · 1959
- Gildersleeve v. LeeOregon Supreme Court · 1921
- Hanna v. HopeOregon Supreme Court · 1917
33 more not listed; retrieve them via the Exa API.