Legal Opinion

Gildersleeve v. Lee

Oregon Supreme Court

Decided May 31, 1921PublishedCited by 24 opinions

From Wallowa: John W. Knowles, Judge. In Banc. This suit involves the right of plaintiff to convey a fee-simple title to real property. It comes here from the court below as the result of litigation between the parties to a real estate contract pertaining to the sale of 200 acres of land. The plaintiff, Frank E. Gildersleeve, instituted a suit for specific performance of a written contract relating to the sale of land, against defendant Robert E. Lee, the purchaser.

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From Wallowa: John W. Knowles, Judge. In Banc. This suit involves the right of plaintiff to convey a fee-simple title to real property. It comes here from the court below as the result of litigation between the parties to a real estate contract pertaining to the sale of 200 acres of land. The plaintiff, Frank E. Gildersleeve, instituted a suit for specific performance of a written contract relating to the sale of land, against defendant Robert E. Lee, the purchaser. The defendant, answering, admits substantially all the allegations of plaintiff’s complaint, but alleges as a defense that the…

1Opinion of the CourtBrown, J.

The pivotal point in this case is the right of the plaintiff to convey a title in fee to the land devised to him by his wife, Pearl D. Gildersleeve. The power of plaintiff to convey a fee-simple estate depends upon the terms of the will.

1. In construing a will, its provisions must be considered together; the words are to be taken in their usual and ordinary sense, unless it appears that they are used in a technical or a special sense, or unless when applied to the subject matter they have a technical or special meaning; and the intention of the testator is paramount and controlling, so far as…

2Cases cited17 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  3. Grace v. PerrySupreme Court of Missouri · 1906
  4. Boyd v. StrahanIllinois Supreme Court · 1865
  5. Savage v. SavageOregon Supreme Court · 1908

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Edds v. Mitchell, Admr.Texas Supreme Court · 1945
  2. Holohan v. McCarthyOregon Supreme Court · 1929
  3. Fields v. FieldsOregon Supreme Court · 1931
  4. Stubbs v. AbelOregon Supreme Court · 1925
  5. Calvert v. ThompsonCourt of Appeals of Texas · 1960

19 more not listed; retrieve them via the Exa API.

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