Stevens v. Carroll
Oregon Supreme Court
From Lane: John S. Coke, Judge. Statement by Mr. Chief Justice McBride. James A. Stevens died, leaving a will, which contains, among others, the following provisions: “I hereby give, devise and bequeath unto my wife, Emily F. Stevens, all my real estate wheresoever situate to have, possess and use during the lifetime of said Emily F. Stevens, and after the death of said Emily F. Stevens, my said wife, I hereby direct, give and devise unto my son Lenn L. Stevens the…
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From Lane: John S. Coke, Judge. Statement by Mr. Chief Justice McBride. James A. Stevens died, leaving a will, which contains, among others, the following provisions: “I hereby give, devise and bequeath unto my wife, Emily F. Stevens, all my real estate wheresoever situate to have, possess and use during the lifetime of said Emily F. Stevens, and after the death of said Emily F. Stevens, my said wife, I hereby direct, give and devise unto my son Lenn L. Stevens the seventy-five-acre tract of land to become the absolute property of said Lenn L. Stevens upon the death of my said wife, Emily F.…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
It is conceded that if, under the terms of the will, the bequest to Maggie Sommerville became a vested legacy upon the death of her father, the decree of the circuit *419court is correct. If the legacy did not become vested upon the death of the testator, then it has lapsed, and there is no reason why the executor should not be discharged.
1, 2. We are of the opinion that the legacy became vested upon the death of the testator. A legacy or interest created by devise should always be construed as vested rather than contingent. Winslow v. Rutherford, 59 Or. 124…
2Cases cited4 opinions
- Cropley v. CooperSupreme Court of the United States · 1874
- Winslow v. RutherfordOregon Supreme Court · 1911
- Pond v. AllenSupreme Court of Rhode Island · 1885
- Warren v. HembreeOregon Supreme Court · 1879
3Cited by10 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Sorrells v. McNallySupreme Court of Florida · 1925
- Dean v. First National BankOregon Supreme Court · 1959
- Brown v. BrownNew Mexico Supreme Court · 1949
- Quick v. HayterOregon Supreme Court · 1950
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