Loughary v. Simpson
Oregon Supreme Court
Prom Polk: Webster Holmes, Judge. Department 1. Statement by Mr. Justice Benson. This is a suit by U. S. Lougbary, administrator of tbe estate of Martha Simps.on, deceased, against Isaac Simpson for an accounting.
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Prom Polk: Webster Holmes, Judge. Department 1. Statement by Mr. Justice Benson. This is a suit by U. S. Lougbary, administrator of tbe estate of Martha Simps.on, deceased, against Isaac Simpson for an accounting. Plaintiff, as administrator of the estate of Martha Simpson, deceased, alleges, among other things, that defendant, as attorney in fact of Martha Simpson, during the last years of her life, obtained possession of certain funds belonging to her. which he has failed to account for, or turn over to plaintiff as administrator of the estate. Decedent, who at the time of her death was a…
1Opinion of the CourtJustice Benson
1, 2. There is some conflict, but a clear preponderance of the evidence establishes the fact that the instrument above set out was executed by the parties as the final step in a settlement and distribution of the estates of both the father and the mother of the parties thereto, and was so understood at that time. Family agreements of this sort are looked upon with peculiar favor by the courts, and will be upheld unless there appears to be some gross injustice or fraud in connection therewith: 8 Cyc. 504; Smith v. Smith, 36 Ga. 184 (91 Am. Dec. 761); Adams v. Adams, 70 Iowa, 253 (30 N. W.…
2Cases cited2 opinions
- Smith v. SmithSupreme Court of Georgia · 1867
- Adams v. AdamsSupreme Court of Iowa · 1886
3Cited by6 opinions
- Mathews v. TobiasOregon Supreme Court · 1921
- Barnes v. VerrySupreme Court of Minnesota · 1928
- Howell v. HowellOregon Supreme Court · 1915
- Collins v. CollinsWashington Supreme Court · 1929
- Haugen v. LarsonSouth Dakota Supreme Court · 1932
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