Chambers v. Chambers
Oregon Supreme Court
From Marion: Geo. H. Burnett, Judge. On March 26, 1898, E. J. Chambers was appointed administrator of the estate of William J. Chambers, deceased.
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From Marion: Geo. H. Burnett, Judge. On March 26, 1898, E. J. Chambers was appointed administrator of the estate of William J. Chambers, deceased. Subsequently Robert Chambers presented a claim aggregating $782.46, which was allowed by the administrator, and filed with his final account in the county court December 3, 1898. At the time appointed for the hearing, respondents, being heirs of the deceased, filed objections to the allowance and approval by the county court of two items of the claim, aggregating $715.46. There was no evidence produced for or against the claim, the claimant relying…
1Opinion of the Court
Ms. Justice Wolverton,
after stating the facts, delivered the opinion of the court.
We will consider but one question, which is decisive of the controversy; that is, whether it was incumbent upon the claimant, who was present at the hearing and directed the prosecution of his demand, to make his case in the first instance, to produce other proof in support of his demand than the allowance of the administrator. In other words, does such allowance make a prima facie case for the claimant, and cast the burden upon the objectors to establish the invalidity of the demand, or must he go further, and…
2Cases cited1 opinion
- Cross v. BaskettOregon Supreme Court · 1888
3Cited by11 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Branch v. McCormick's EstateOregon Supreme Court · 1914
- Knight v. HamakarOregon Supreme Court · 1901
- Fitchard v. Estate of HirschbergOregon Supreme Court · 1928
- In Re First Farmers National BankOregon Supreme Court · 1933
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