Mauser v. Baker
Oregon Supreme Court
From Baker: William Smith, Judge.- Statement by Mr. Justice Moore. This is- a proceeding to remove an executor. Andrew A. Manser duly made a last will and testament, wherein he appointed William Baker executor, and authorized him to discharge the trust without the necessity of giving bonds.
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From Baker: William Smith, Judge.- Statement by Mr. Justice Moore. This is- a proceeding to remove an executor. Andrew A. Manser duly made a last will and testament, wherein he appointed William Baker executor, and authorized him to discharge the trust without the necessity of giving bonds. Manser died February 19, 1910, leaving as his only heirs his brothers, Nicholas, Christopher, and Peter, and his sisters, Mary E. Rinkey and Mrs. John Kolbe, to whom he bequeathed several sums of money, aggregating $7,300. The will was admitted to probate in Baker County March 22, 1910, and letters…
1Opinion of the CourtJustice Moore
1. Upon the petition of any legatee, showing that an executor has in any way been unfaithful to or neglected his trust, notice thereof must be served upon the representative of the decedent’s estate, and if the court find the charge to be true it shall make an order removing the executor and revoking his letters. Section 1159, L. O. L. Within one month from his appointment, or during such further time as the court or judge may allow, an executor or administrator is required to file with the clerk an inventory of all the property of the deceased that has come to his possession or knowledge.…
2Cases cited8 opinions
- Harrington v. JonesOregon Supreme Court · 1909
- In re Estate of MillsOregon Supreme Court · 1892
- Gardner v. GillihanOregon Supreme Court · 1891
- Marks v. CoatsOregon Supreme Court · 1900
- In re Holladay's EstateOregon Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Elder's EstateOregon Supreme Court · 1938
- Koerber v. Superior CourtCalifornia Court of Appeal · 1922
- Banfield v. SchuldermanOregon Supreme Court · 1931
- In re Marks' EstateOregon Supreme Court · 1916
- In Re Faulkner's EstateOregon Supreme Court · 1937
6 more not listed; retrieve them via the Exa API.