Cordon v. Gregg
Oregon Supreme Court
1ConcurrenceLusk, J.
(specially concurring). I think the word “descend,” in the clause “any real estate which descended to such child shall descend to the heirs of the ancestor from which such real property descended the same as if such child died before the death of such ancestor”, should be given the same meaning throughout, and that is its technical common-law meaning. We know that it can have no other meaning in the phrase “shall descend to the heirs of the ancestor.” To say that elsewhere in the same section it is intended to include property devised by will is to violate the established rule of statutory…
2Cases cited2 opinions
- James v. City of NewbergOregon Supreme Court · 1921
- State Ex Rel. Eugene v. KeeneyOregon Supreme Court · 1927