64 P. 661 | Or. | 1901
after stating the facts, delivered the opinion of the court.
The defendants’ counsel, in support of the principle for which they contend, place much reliance upon the decision rendered in the case of Winkle v. Winkle, 8 Or. 193, in which it was held that, the statute having conferred on the county court exclusive jurisdiction in all matters pertaining to the transfer of the title to personal property belonging to a decedent’s estate, a court of equity was without jurisdiction in respect to such property. The principal question involved in that case was the right of an administrator, without an order therefor from the county court, to transfer the title to personal property belonging to the decedent’s estate; and the rule there
■ In Harris v. Douglas, 64 Ill. 466, it was held that a court of equity will not ordinarily assume jurisdiction of claims against a decedent’s estate until after their allowance by the county court, but, if any special reason can be assigned why that court can not afford the requisite relief, equity will intervene. When, however, a testator by his will makes the payment of his debts a charge ■upon a portion of his estate, a court of equity will have jurisdiction without first establishing the indebtedness in a court of law, as it is an original ground of equity jurisdiction to declare and enforce trusts. Judge Wobrner, in his exhaustive work on American Law of Administra
“Marshfield, Oregon, March 6, 1895.
“J. F. Hall, Esq.
“Dear Sir: H. W. Dunham has an interest in the Thibault-Ames judgment, and, as he is compelled to pay a security debt for Lackstrom at once, he wants one hand to wash the other, and directs me to proceed and collect, which I shall do unless the judgment is satisfied within ten days.
“Very respectfully,
“J. M. Siglin.”
. He again called upon Siglin, who told him that, acting under the plaintiff’s direction, he had caused an. execution to be issued, but that any arrangement he might make with plaintiff in relation to the payment of the judgment would be satisfactory to him ; that he thereupon saw the plaintiff, who agreed upon another extension, whereupon Siglin recalled the execution. Hall’s testimony in relation to these extensions is .corroborated by that of the plaintiff.
T. S. Minot, an attorney for the defendants, appearing as their witness, testified that when the assignment