Capital journal. (Salem, Or.) 1919-1980, 1922-06-27
FAILING.
WILL IS HELD.
TO Be INVALID

I
PrObated Under Terms
Of Old Instrument.
The will of Xarfia J. Failing ot
Portland in which the bulk q,
her $750,000 estate was left to
G. L. Mead and Trfos. N. Strone
is declared to be invalid in an
opinion handed down by the SUI
preme court this morning which
directs that a prior will made on
August 26, 1911, shall be pro-
bated. Through this latter will a
large share Of the Failing estate
is left to The Home, Portland
institution, with numerous small
er bequests ranging from $1,000
to $4,000.
First Will Endorsed
The opinion Of the supreme
court sets out that at the time
the will Of 1911 was prepared
Mrs. Failing was of sound mind
and entirely competent to dis
pose of her property whereas at
the time Of the drafting of the
will of 1915 at does not appear
from the testimony that Mrs.
Failing was capable of under
standing or knowing whether by
the fifth clause of the instru-
ment she disposed of small bal
anee or the bulk of her estate"
This latter will, it is also pointed
out in the opinion, which is writ
ten by Justice Bean, was drawn
up by Mead, one Of the two prin-
cfpal beneficiaries to the large
estate as specified by that docu-
ment. Mead, it is pointed out was
not lawyer, was inexperienced
in the matter of drafting wills
and consulted no lawyer in its
preparation.
Beneficiaries Many
In the will Of 1911 which is
upheld by the supreme court as a
valid will the following bequests
are made: Patton Home, $4,000;
Oregon Humane societyq, $4,000;
Charles Jensen and wife, $4,000;
Theodore Jensen and wife, $4,000;
Lena Doran, $1,000; Frances
Gray, 1000; Sarah Gray War
necke, 1000; Alice Meredith
Gray, 1000; Thomas Gray, l.
900 Cornelius Barrett, 80 month;
Salvation Army, 1000; Portland
library 1000; Good Samaritan
hospital, 1000; The Home, west |
half of lots 7 and s, block SO,
August Warnecke all
the rest of lands and real estate;
to Ben Selling in trust for Jewish |
hospital, 5000; William e. Metz
ger, $500; all balance of proper
ty to The Home.
Codicils added to this will lat
er provided for the bequest of
5000 instead. of $500 to William
e. Metzger and appoints A. l..
Mills of Portland as the sole ex-
scutor of the will and testament
without bonds.
Other Cases Decided
Other opinions handed down
by the court today were:
State of Oregon ex rel J. G. Bay
er, trustee, plaintiff, VS.. George r.
Funk, as auditor of city of Port
and; original proceedings in
nandamus to compel defendant to
ssue relator a warrant for $780,
7O2.S4. Demurrer of defendant
overruled and plaintiff given
privilege of filing reply.
Edythe BEEN, appellant, VS..
Johanthan BEEN; appeal from
Union county; suit for divorce.
Opinion by Justice Harris; Judge
7. W. Knowles reversed and casG
Mary C. Harvey ct al, appel
ants, VS.. Floyd J. Campbell, ct al;
appeal from Baker county; con-
roversy over use Of water for ir-
.igation. Opinion by Justice Har-
is; Judge Gustav Anderson af-
irmed.
Darwin Bristow and P. E. Snod-
.ress as executors and Sarah Mil
red Flintas, executriK Of will OF
C. Jennings ct al, vs..
ladies' L. Jennings, appellant; ap-
eai from Lane county; suit to
uiet title. Opinion by Justice !
Ic Court. Decree of Judge c. F.
kipworth modified to provide
hat plaintiffs are owners Of un-
ivided two-thirds in fee Of real
roperty Instead Of the whole and
hat defendant IS owner OF undi- ,
ided third.
Fred c. Walters VS.. Marguerite
ct al. appellant; appeal z
rom Lane county; suit to quiet
tie. Opinion by Chief Justice :
urnett; Judge G. F. skipworth I
syersed. c
A. u. Runnells VS.. W. E Leffel. I
ppeIlant. and C. B. Mays, defend
at: appeal from Union county:
opeaI from decree wherein plain S
n recovered judgment for $3.50 c
pinion by Justice Brown: Judge }
W. Knowles reversed