The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-21
GAINED ONE POINT
Hearing Of Stubb|efie|d Will
Case in Court.
PLAINTIFFS SECURED ONE DECISION
Demurrer to Application for Restrain
ina Order Argued and Submitted
to the Court.
PLAINTIFFS SECURED ONE DECISION

The Stubblefield will case had an
other inning in the superior court to-
day and it occupied the attention Of
Judge Brents from the time of the
opening of court until a late hour this
afternoon. The final result of the
matter is not yet settled and will not
be determined probably for several
days yet. The attorneys for the es-
tate, however, won one point, when
the court oVerruled the motion of Mrs.
Stubblefield's attorneys that the COM
plant of the plaintiffs be made more
definite a demurrer to the complaint
was then argued and taken under ad-
visement by the court
Mrs. Stubblefield commenced an act
ion in the county court of Umatilla
county against the executors of the
estate and an order was issued direct
ing them to file the original will in that
court for probate They We're asked to
make an accounting Of the money of
the estate they had expended. and to
appear and defend the litigation which
had been Instituted to determine the
legality Of the paragraph of the will
which provided for the establishment
Of the Stubblefeld home in Walla
Walla county.
To countelact this move the eXecu-
tors of the estate commenced proceed
ings in the superior court Of Walla
WaIla county asking that an order be
issued and directed to Mrs. Stubble-
field restraining her from proceeding
further in the case. This was taken
~ some time ago in the court and
after the defendant had filed mo-
ton to make the complaint more def
mite, the matter WAS postponed, by
mutual consent of the attorneys. un-
til today.
When the case was taken up this
morning Judge Brents overruled the
motion of the defendant, which had
demanded that the complaint of the
executors be made more definite and
particular in certain portions.
r. II. Crawford and c. f. Cochran.
the attorneys for Mrs. Stubblefleld,
then filed demurrer to the complaint.
setting forth that the superior court
had no Jurisdiction Of the subject mat
te~ in the suit; that the plaintiffs had
no legal capacity to sue or to main
tain the suit; that the complaint did
not state facts sufficient to constitute
a cause of action or suit.
The entire morning was taken up in
the argument by Attorney Crawford
in support of the demurrer. He main
tanned that the superior court Of this
county had no authority or jurisdic-
ton to issue restraining order
against the defendant, rs the law fully
bore out the fact that the adminfstra-
ton of the estate in Walla Walla
county was purely ancillary. and that
rs Stuhblefeld was a resident of Una
tilIa county, Oregon. at the time Of his
death. and the personal property of
the estate was in that county. it was
the legal place for the original admin
| istration of the estate, and especially
the personal property Of the estate.
c. ". RAIDER and William H. Upton
representing the plaintiffs in the case
| argued the question at point at length
and maintained. that the superior
court of this county had complete au-
thority and jurisdiction to issue a re-
straining order to Mrs. Stubblefield
and cited numerous authorities il
! their brief sustaining their position.
He Took Piece Of Pie.
81, Nv