Kelley v. Devin
Oregon Supreme Court
From Morrow: David R. Parker, Judge. Statement by Mr. Justice Burnett. This is a suit by Brace B. Kelley against S. P. Devin, surviving executor of the last will and testament of Norman A. Kelley, deceased, Delia E. Southwortb, J. Griggs Kelley and Laura "Weir, to enforce the specific performance of a contract.
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From Morrow: David R. Parker, Judge. Statement by Mr. Justice Burnett. This is a suit by Brace B. Kelley against S. P. Devin, surviving executor of the last will and testament of Norman A. Kelley, deceased, Delia E. Southwortb, J. Griggs Kelley and Laura "Weir, to enforce the specific performance of a contract. The facts are as follows: Norman A. Kelley died in Morrow County, Oregon, May 28, 1908, leaving surviving bim Emily A. Kelley, bis widow, and the plaintiff, their only child. In substance, the complaint states that about April 23, 1898, Norman A. Kelley was the owner of considerable…
1Opinion of the CourtJustice Burnett
1. It is well established that it is competent for the owner of property to make a contract with another person to bequeath the same to that person at the death of the owner. This doctrine is recognized in this state in the cases of Rose v. Oliver, 32 Or. 447 (52 Pac. 176), and Richardson v. Orth, 40 Or. 252 (66 Pac. 925, 69 Pac. 455). In the first of these cases the alleged contract was denied enforcement because the proof failed to show that there was any binding agreement on the part of the claimant to correspond with the alleged agreement of the testator. In the latter case evidence was…
2Cases cited14 opinions
- Banks v. HowardSupreme Court of Georgia · 1903
- Burdine v. Burdine's Ex'orSupreme Court of Virginia · 1900
- Teske v. DittbernerNebraska Supreme Court · 1903
- Burns v. SmithMontana Supreme Court · 1898
- Brown v. SuttonSupreme Court of the United States · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tigglebeck v. RussellOregon Supreme Court · 1949
- Hunter v. AllenOregon Supreme Court · 1944
- Schramm v. BurkhartOregon Supreme Court · 1931
- Woods v. DunnOregon Supreme Court · 1916
- Le Vee v. Le VeeOregon Supreme Court · 1919
17 more not listed; retrieve them via the Exa API.