Brown v. Drake
Oregon Supreme Court
From Klamath: D. V. Kuykendall, Judge. Department 1. There is but one question presented by this appeal and it arises out of the following circumstances: On June 14, 1918, plaintiff brought an action against Thomas Drake, and on May 27, 1919, while the case was pending, Drake died, leaving a will devising his property, which consisted wholly of real estate, to Ruth and Ella Drake.
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From Klamath: D. V. Kuykendall, Judge. Department 1. There is but one question presented by this appeal and it arises out of the following circumstances: On June 14, 1918, plaintiff brought an action against Thomas Drake, and on May 27, 1919, while the case was pending, Drake died, leaving a will devising his property, which consisted wholly of real estate, to Ruth and Ella Drake. On June 17, 1919, Ella Drake was appointed executrix of the will and on February 20, 1920, filed her final account and was discharged as such executrix. The estate was settled and the real property turned over to…
1Opinion of the CourtMcBRIDE, J.
1. While there is involved in this appeal a single proposition, the question is far from easy of solution.
Section 38, Or. L. (Olson’s Comp.), is as follows:
“No action shall abate by the death, marriage, or other disability of-a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death, marriage, or other disability of' a party, the court may, at any time within one year thereafter, on motion, allow the action to be continued by or against his personal representatives or successors in interest.”
Standing alone, this section would seem to…
2Cases cited1 opinion
- Home v. SellingOregon Supreme Court · 1919
3Cited by5 opinions
- Mendez v. WalkerOregon Supreme Court · 1975
- Livesley v. Pioneer Trust Co.Oregon Supreme Court · 1943
- Hughes, Trustee v. HoneymanOregon Supreme Court · 1949
- In Re Traaen's EstateOregon Supreme Court · 1936
- Lowes v. First National BankDistrict Court, D. Oregon · 1968