Murray's Estate
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a proceeding by F. P. Talkington, as administrator de bonis non, against Ed. C. Herren and Mrs. M. E. Becker, formerly Mrs. M. E. Fraser, as sureties on the bond of the former administratrix, for an accounting. William Murray died in Marion County, Oregon, August 21, 1903, leaving his widow, Emma Murray, as his only heir.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a proceeding by F. P. Talkington, as administrator de bonis non, against Ed. C. Herren and Mrs. M. E. Becker, formerly Mrs. M. E. Fraser, as sureties on the bond of the former administratrix, for an accounting. William Murray died in Marion County, Oregon, August 21, 1903, leaving his widow, Emma Murray, as his only heir. Excepting a few accounts due him, the only property he owned at the time of his death was a valuable stallion and race horse, “Diablo,” of the alleged value of $5,000. The horse required the…
1Opinion of the CourtJustice Eakin
1. The form of this proceeding is questioned for the first time in this court. ' Counsel for the sureties contend that there can be no .action on the undertaking of an administrator until there has been a settlement of the account of the former administrator, which is not disputed. But this is a proceeding in the county court for such settlement and is not an action on the bond. However, the issues have been made and trial had upon the suggestion in the answer that, although a distribution was prematurely made, it was made to the heir, .and therefore the sureties should not be held for the…
2Cases cited12 opinions
- Sturgis v. SturgisOregon Supreme Court · 1908
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Casto v. MurrayOregon Supreme Court · 1905
- O. C. Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1890
- Steeples v. NewtonOregon Supreme Court · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Ellison v. SchusterArizona Supreme Court · 1929
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- West v. McDonaldOregon Supreme Court · 1912
- Rennie v. PozziOregon Supreme Court · 1982
10 more not listed; retrieve them via the Exa API.