Neal v. Davis
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Commissioner Slater. On June 21, 1881, in Wasco County, of this State, Jesse Neal died seised and possessed of the north y> of the south y% of section 26, township 2 north, range 10 east, Willamette Meridian, situate in that county. There survived him his widow, Lucy M. Neal, and four children, viz., Flora, who was then 21 years of age, Frank, 13, Oscar, 10, and Grace 7 years old.
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From Wasco: William L. Bradshaw, Judge. Statement by Mr. Commissioner Slater. On June 21, 1881, in Wasco County, of this State, Jesse Neal died seised and possessed of the north y> of the south y% of section 26, township 2 north, range 10 east, Willamette Meridian, situate in that county. There survived him his widow, Lucy M. Neal, and four children, viz., Flora, who was then 21 years of age, Frank, 13, Oscar, 10, and Grace 7 years old. On October 17, 1880, Flora intermarried with H. W. Smith, and oMay 27, 1893, she died intestate, leaving as her sole heir her husband, who is one of the…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. Two principal questions are involved in the consideration of the demurrer to the further and separate reply, viz.: (1) The validity and effect of the will; and (2) the effect of the deed from Lucy M. Neal to Henrichs. Upon the first question, we have no doubt that the will is void as to the children of Jesse Neal, and that as to them there was no will. None of the four children of Jesse Neal are mentioned or referred to in his will, either particularly or generally, as a class, nor is there any provision made for them either specifically or generally. If…
2Cases cited29 opinions
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Hochstein v. BerghauserCalifornia Supreme Court · 1899
- Gardner v. WrightOregon Supreme Court · 1907
- Hoover v. KingOregon Supreme Court · 1903
- Gerrish v. GerrishOregon Supreme Court · 1880
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wadsworth v. BrighamOregon Supreme Court · 1927
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Anderson v. RichardsOregon Supreme Court · 1921
- Mascall v. MurrayOregon Supreme Court · 1915
- Nunner v. EricksonOregon Supreme Court · 1935
18 more not listed; retrieve them via the Exa API.