Green v. Terwilliger

Citations

• 56 F. 384
• 1892 U.S. App. LEXIS 1529

Syllabus

<p>1. Suit in Equity to Set Aside Deed and Will — History and Character of Suit.</p> <p>In 1848 Mrs. Philinda Green, then a widow, was married to James Terwilliger, a widower. In 1800 they took up a donation claim, containing 630 acres of land, then outside, hut now within, the city limits of Portland, Or., the east half of which Avas designated in Hie patent as the property of the Atúfe. At the time of the marriage, Mrs. Green had two sons, named William O. and Calvin. By her second marriage she had ttvo daughters, one of Avhom died. The other, Julia Yiola, Avas named in the will as sole heir. At the time of her marriage to James Terwilliger she AA'as unahle to write, and her husband thereafter taught her how to write her oavu name. A deed (X) hearing date September 2, 1872, was offered in etidence, purporting to be a deed from Philinda Terwilliger and James Terwilliger, of the east half of the donation claim, to the daughter, Julia Viola Tciwilliger. A will bearing date August 14, 1873, AA'as offered in evidence, purporting to be the aauII of Philinda Terwilliger, bequeathing to her daughter, Julia Viola Teiwilliger, the east half of the donation claim, and to her son William O. Green a clock which she had brought across the plains. On August .14, 1873, the date of the execution of the will, her son Calvin Green Avas murdered at Eureka, Nev., but the fact of his murder AA'as not known until a Aveek thereafter. Philinda Terwilliger died October 19, 1878. This suit was commenced by complainants, the widpAY and heirs of William O. Green, deceased, in March, 1889, to obtain a decree for the discovery, production, and cancellation of the deed and the will, and to have the same set aside as false, forged, and fraudulent instruments; and about one month thereafter the avíII AA'as proven up, and 'admitted to probate, in the counts' court of Multnomah county, Or. The contention on the part of the complainants is that the deed and will are forged instruments, and on the par