Roelfs' Cousins v. White
Oregon Supreme Court
Prom Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Eakin. This is a proceeding instituted by the cousins of Mary Eoelfs, deceased, against Mary Ann White, Jane Chambers, Ellen Jackson and May Ellen Jackson, sisters and relatives of Thomas Jackson, second husband of said Mary Eoelfs, deceased, relating to the distribution of the estate of said decedent.
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Prom Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Eakin. This is a proceeding instituted by the cousins of Mary Eoelfs, deceased, against Mary Ann White, Jane Chambers, Ellen Jackson and May Ellen Jackson, sisters and relatives of Thomas Jackson, second husband of said Mary Eoelfs, deceased, relating to the distribution of the estate of said decedent. The deceased left a will, the twenty-sixth section of which is as follows: “The rest and residue of my estate I give and bequeath unto my cousins, the names of whom may be learned by writing to Prank C. Duffy, 239…
1Opinion of the CourtJustice Eakin
1. It is a familiar and undisputed rule in the construction of a will that the purpose is to discover the intention of the testator: Kaser v. Kaser, 68 Or. 153 (137 Pac. 187); Ramsey v. Stephenson, 34 Or. 408 (56 Pac. 520, 57 Pac. 195); Gerrish v. Hinman, 8 Or. 348.
“The rule excluding oral proof in explanation of written instruments applies to the language of the instrument, and not to its import or construction: 1 Greenleaf, Ev., § 277. But the written instrument ‘may be read in the light of surrounding circumstances,’ in order to more perfectly understand its true meaning”: Moreland v.…
2Cases cited14 opinions
- In Re the Accounting of KingNew York Court of Appeals · 1910
- Kelley v. VigasIllinois Supreme Court · 1884
- Ihrie's EstateSupreme Court of Pennsylvania · 1894
- Moreland v. BradyOregon Supreme Court · 1880
- Records v. FieldsSupreme Court of Missouri · 1900
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3Cited by2 opinions
- Tyler v. BierOregon Supreme Court · 1918
- Lefeavre v. PenningtonSupreme Court of Arkansas · 1950