Winkle v. Winkle
Oregon Supreme Court
This is a suit to establish a trust. It is alleged in the complaint that on the sixth of June, 1873, one Isaac Winkle and the respondent, in contemplation of marriage, entered into an agreement as follows: “That for and in consideration of marriage between Isaac W. Winkle, of Benton county, Oregon, and Lucinda Bryan, of Lane county, Oregon, the said Lucinda Bryan hereby covenants and agrees to and with the said Isaac W. Winkle and his heirs at law, to release and abandon all…
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This is a suit to establish a trust. It is alleged in the complaint that on the sixth of June, 1873, one Isaac Winkle and the respondent, in contemplation of marriage, entered into an agreement as follows: “That for and in consideration of marriage between Isaac W. Winkle, of Benton county, Oregon, and Lucinda Bryan, of Lane county, Oregon, the said Lucinda Bryan hereby covenants and agrees to and with the said Isaac W. Winkle and his heirs at law, to release and abandon all claim of dower in and to all the real estate of the said Isaac W. Winkle, to which she would, be entitled in the law by…
1Opinion of the Court
By the Court,
Boise, J.:
A number of questions have been discussed in this case, and among them the jurisdiction of a court of equity to declare and enforce a trust in a case like this. It is claimed by the'respondent that the appellant can only obtain a title to the property in dispute by an order of the probate or county court. We think that this position is correct, for it is a fundamental principle of the common law of this country that the personal property of deceased persons goes by *196operation of law to the administrator when the deceased leaves no will. Under our statute he must…
2Cited by12 opinions
- In re John's WillOregon Supreme Court · 1896
- Hillman v. YoungOregon Supreme Court · 1912
- Re Faling EstateOregon Supreme Court · 1924
- State v. O'DayOregon Supreme Court · 1902
- Weider v. OsbornOregon Supreme Court · 1891
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