Daily capital journal. (Salem, Or.) 1896-1899, 1897-02-19
VIII |
OfJ. |. Parrish Null and Void.
Such Is Judge Hewitfs Decision -
Other Notes in Dept. NO.2.

Judge II. Hewitt, Of Department
no. z, Marion county circuit court to-
gay handed down some important de-
cisions. One Of most Importance was
that OF the Parrish will case. IL will
| oe remembered that during the early
part Of NOven Der, 1895, Sam b., Chas
and Norman Parrish. Josie Pierce and
Halle Parrish Hinges contested the
original will Of Josiah l.. Parrish. de-
ceased, In which he bequeathed all OF
his property TO his wife, Matte A.
Parrish. The contest was Argued be-
fore County Judge Terrell, the case
requiring three days. A decision was
rendered In favor Of the plaintiffs.
The case was appealed TO the circuit
court before Judge Hewitt and having
heard all the testimony the case was
taken under adviscment. Judge
Hewitt rendered his decision in the
celebrated case from which the fol-
lowing extract Is taken.
''NOw at this cause coming on for
hearing, upon the findings Of fact and
conclusions Of law, heretofore filed
herein, the respective parties TO this
proceeding appearing by their attor-
neys; 10 Is ordered, adjudRed and de-
creed, that the last will and testa-
ment OF the said Josiah l.. Parrish.
deceased, dated February /, 1889, be
and the same Is hereby declared null
and void and the said decree OF the
county court Of Marion county, Ore
goD, from which this appeal Is taken,
be and the same is In all things con-
tirmed, except that the said decree be
and the same is hereby modified In re-
spect 70 the costs and disbursements
OF the said proceeding In the said
court, and that the estate OF the said
Josiah l.. Parrish, deceased, is here
by required TO pay the said costs
and disbursements taxed at =,
and also the costs aud disbursements
OF this appeal. And 1t IS further ad-
Judged and decreed that the cause be
remitted TO the counCy court OF Ma
rlon county, Oregon for further pro-
ceedlngs In accordance herewith and
for such other proceedings as may be
proper In said cause.
II. II. HEWITT,
Judge"
As conclusions of law the court finds:
"Flrst--That the said last will and
testament OF the said Josiah l.. Par
rish was not executed according 20 law
and ls therefore void.
SecOnd-That at the time OF the ex.
ecution OF the said last will and testa-
ment, j. l.. Parrish was not OF sound
and disposing mind and memory but
was In dazed condition, and incom-
petent TO make will and
that the said will is therefore void.
Thlrd-That decree should be en-
tered herein, confirming the decree OF
the county cOur from which the ap-
peal was taken Ia all things except as
10 the costs and disbursements In the
said court, in which respect the said
decree OF the county court should be
modified so as TO require the costs aud
disburse ments 10 be paid by the estate
OF the said Josiah l.. Parrish, deceased.
Fourth-That the costs and dis
bursements OF this appeal should be
paid by estate OF said j. l.. Parrish"
In regard 10 the property conveyed
by j J.L.Parrish TO Matte A. Parrish by
deed executed In 1885, same declared
null and void and defendant Matte
A Parrish ordered 10 deliver TO the
plaintiffs viz: Sam b., Chas w. and |
Norman Parrish; Josie Pierce, and :
Halle Parrish Hinges, a deed OF con-
Yeyance, conveying the property OF the
estate TO the plaintiffs.
ANOTHER DECISION.
In case OF w. =. Ross and Lila Ross
VS. Lizzie Nj. and II. j Catterlln deed
given by defendants conveying the
north as feet OF lot block Yew Park
TO the plaintiffs IL declared null and
void.