Johnson v. Helmer
Oregon Supreme Court
From Multnomah: George Tazwell, Judge. Department 2. This is a proceeding to contest the will of Michael Johnson, deceased. A decree was passed sustaining the will, and contestant appeals. The will of Michael Johnson was admitted to probate in common form on September 10, 1918, and the testimony of the two subscribing witnesses was given in open court, reduced to writing, signed by them, attested by the judge presiding, and filed.
Read the full summary
From Multnomah: George Tazwell, Judge. Department 2. This is a proceeding to contest the will of Michael Johnson, deceased. A decree was passed sustaining the will, and contestant appeals. The will of Michael Johnson was admitted to probate in common form on September 10, 1918, and the testimony of the two subscribing witnesses was given in open court, reduced to writing, signed by them, attested by the judge presiding, and filed. Eric Helmer, named as executor in the will, was appointed executor, and qualified as such. On March 13, 1919, FJin Johnson, mother of Michael Johnson, a resident…
1Opinion of the CourtBean, J.
It is contended on behalf of contestant
that the entire evidence shows that the will is invalid because:
“(a) It was executed under and because of melancholia and insane delusions influencing the testator at the time.
“ (b) "Without containing words of disinheritance, it seeks to deprive the sole heir at law to whom testator owed the obligation of support, and who was dependent upon testator for support, of all property.
“ (c) The trust attempted to be created is void for uncertainty in terms, beneficiaries and purposes.
*153“(d) The surrounding circumstances conclusively show that the will as…
2Cases cited28 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Holland v. . AlcockNew York Court of Appeals · 1888
- Doan v. Vestry of the Parish of the AscensionCourt of Appeals of Maryland · 1906
- Chamberlain v. StearnsMassachusetts Supreme Judicial Court · 1873
- Hubbard v. HubbardOregon Supreme Court · 1879
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Holohan v. McCarthyOregon Supreme Court · 1929
- McNutt v. GerckeArizona Supreme Court · 1945
- State Land Board v. SovenkoOregon Supreme Court · 1954
- Van Vlack v. Van VlackOregon Supreme Court · 1947
- Williams v. GrattonOregon Supreme Court · 1931
17 more not listed; retrieve them via the Exa API.