Heirs of Clark v. Ellis

Citations

• 9 Or. 128

Syllabus

<p>Wills — County Court — Jurisdiction.</p> <p>Where a suit is begun by petition in a county court to contest the validity of a will, and to revoke letters testamentary, which is demurred to on the ground that the court has no jurisdiction: Held, that the demurrer was properly overruled.</p> <p>Depositions — Certificate of Commissioner.</p> <p>Where a commissioner is appointed by a county court to take the deposition of a witness out of the state, to interrogatories thereto annexed, and return the same in a sealed envelope to the clerk of said county court, and in pursuance of such authority the answer of the witness to each interrogatory is written immediately under it, and the deposition signed by the witness, and appended thereto is the certificate of the commissioner, reciting, among other facts, that “having read said commission, and having administered an oath to said witness that the answers given by him to the interrogatories and cross-interrogatories should be the truth, the whole truth, and nothing but the truth, the examination was proceeded with, and the answer of the witness to each question is written as given by him,” and signed by said commissioner, and such certificate was objected to because the same did not confoim to the requirements of section 815, nor to titles three, four, seven and eight, chapter nine of the Oregon Civi] Code: Held, that section 809, title 6, chapter 9, civil code, only requires the commissioner to certify the deposition to the court, and that this is sufficiently done when he certifies that the following, or foregoing, or accompanying, is the examination of the witness, given upon his oath or affirmation, “by me duly administered, in answer to interrogatoi’ies hereto annexed to the commission, or as therein stated,” and that it was error to suppress said deposition.</p> <p>Insanity — Delirium—Presumption.</p> <p>Where the evidence showed that the testator was old, infirm and afflicted with disease which caused him much suffe