Latourette v. Nickell
Oregon Supreme Court
This is an appeal from an order of the Circuit Court, sustaining a writ of review to the County Court of Yamhill County sitting in probate. The salient points in controversy may be briefly stated as follows: On November 14, 1911, Willard H Latourette died testate in Yamhill County, and by his will appointed Lyman E. Latourette executor and also trustee of such part of his estate as should remain undisposed of after administration.
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This is an appeal from an order of the Circuit Court, sustaining a writ of review to the County Court of Yamhill County sitting in probate. The salient points in controversy may be briefly stated as follows: On November 14, 1911, Willard H Latourette died testate in Yamhill County, and by his will appointed Lyman E. Latourette executor and also trustee of such part of his estate as should remain undisposed of after administration. Lyman T. Latonrette was a son and next of kin to the deceased and a beneficiary under the will. On November 2,1909, Arthur C. Harlow and Willard H. Latonrette…
1Opinion of the CourtMcBRIDE, C. J.
1. A preliminary question is raised by the appellants as to the sufficiency of the parties. The record shows that Lyman E. Latourette is the trustee named in the will of Willard H. Latourette, as well as the executor, and that Lyman T. Latourette is the son and next of kin of the testator. Both of these have such an interest in the disposition and management of the estate as entitle them to sue out a writ of review when it appears the inferior court has exercised its functions erroneously to their prejudice. Lyman E. Latourette, the executor removed by the order and trustee under the will,…
2Cited by13 opinions
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- Gunther & Shirley Co. v. Presbytery of Los AngelesArizona Supreme Court · 1958
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